MRS. OLU SOLANKE (ATTORNEY O. OBISANYA) V. G. SOMEFUN & ANOR
August 13, 2025ANTONIA E. UMOFFIA VS M.C. NDEM
August 13, 2025Legalpedia Citation: (1974) Legalpedia (SC) 01161
In the Supreme Court of Nigeria
Fri Jan 11, 1974
Suit Number: SC. 159/1971
CORAM
UDOMA, JUSTICE, SUPREME COURT
ALEXANDER JUSTICE, SUPREME COURT
BABALAKIN,JUSTICE, SUPREME COURT
PARTIES
SHELL BP PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondents claimed title and compensation to the land in dispute. It was found that title resided in the 2nd and 3rd defendants at the trial court but they were nevertheless awarded the sum of 12, 000 pounds as compensation for the appellants exploration activities in the land on the basis of possession as customary tenants.
HELD
The court held that the respondents claim for compensation ought to have failed because they never pleaded or gave evidence of being customary tenants as the basis of their claim to compensation.
ISSUES
Whether the respondents were entitled to compensation having failed in their claim to the title to the land in dispute and having not pleaded nor offered evidence of customary tenancy.
RATIONES DECIDENDI
IMPORTANCE OF PLEADINGS
It is now settled that in any action in the High Court, the parties are bound by their pleadings . Per Fatayi- Williams J.S.C
DE FACTO POSSESSION OF LAND
A de facto possession of land gives right to retain the possession and to undisturbed enjoyment of it as against all wrong doers. It is not, however, sufficient against the lawful owner. Per Fatayi- Williams J.S.C
CASES CITED
Delaney v. Smith (1946) 2 All E.R. 23
Emegokwe v. Okadigbo (1973) 4 S.C. 113
STATUTES REFERRED TO