SAMUEL OJEGELE VS THE STATE
July 18, 2025UNION BEVERAGES LIMITED VS OWOLABI
July 18, 2025Legalpedia Citation: (1988-02) Legalpedia (SC) 11091
In the Supreme Court of Nigeria
Fri Feb 5, 1988
Suit Number: SC 43/1985
CORAM
NNAMANI JUSTICE, SUPREME COURT
ALEXANDER, JUSTICE COURT OF APPEAL
PARTIES
SANUSI AIYERIYINA ALADE
APPELLANTS
OLALERE AKANJI ALEMULOKE
KARUMU AIKI
ADETUTU ABAKE
RESPONDENTS
AREA(S) OF LAW
CUSTOMARY LAW – APPEAL – JURISDICTION – ACQUIESCENCE – LACHES – STANDING-BY – ESTOPPEL
SUMMARY OF FACTS
The plaintiffs claim is for declaration of title, possession and injunction against the defendant.
HELD
The Court held that since all the 3 Grounds of Appeal argued have failed this appeal fails and ought to be dismissed. It is hereby dismissed with cost on the respondent.
ISSUES
Not Available
RATIONES DECIDENDI
RULE OF ESTOPPEL.
“The general rule as to estoppel by silence and standing-by is that if a man either by word or conduct has intimated that he consents to an act which has been done and that he will offer no opposition to it although it could not have been lawfully done without his consent and he thereby induces others to do that from which they might otherwise have abstained, he cannot afterwards question the legality of the act he has so sanctioned to the prejudice of those who have given faith to his words, or to the fair inference to be drawn from his conduct.” Oputa, JSC.
CONTENTS OF PARTICULARS OF CLAIM IN LAND MATTERS
“When making an application for a summons in any land cause or land matter, the applicant shall state the value of the land to enable such value to be stated in the particulars of claim.” Oputa, JSC.
CASES CITED
1. Adesanmi v. Akesinro (1976) 2 WSCAP 62
2. Onasanya v. Sopitan (1975) 1 NMLR 30 at p. 32
3. Liasu Dada v. Tiyamiyu Mayaleke & Ors. (1978) 1 NCAR 22
4. Fadiora & Anor. v. Festus Gbadebo & Anor. (1978) 3 S.C.(Reprint) 149; (1978) 3 S.C. 219 at 248
STATUTES REFERRED TO
Customary Court Rules
