CORAM

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SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT

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PARTIES

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1. SUNDAY OGUNSINA2. ORIDOTA OHUNROMI3. IYABO ALBERT(for themselves and on behalf of Ogundare and Ojoomo Families of Otta) APPELLANTS

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RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

There was a dispute between the Appellants and the Respondents as to the Customary and Statutory Rights of Occupancy on a piece or parcel of land situate, lying and being at Ijoko Otta, Abeokuta, Ogun State.

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HELD

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The Court held that that a grant once made absolutely cannot be derogated from by the grantor. The appeal was dismissed with N 10,000.00 costs awarded to the Respondents.

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ISSUES

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1. Whether the Respondents have established the identity of the land in dispute to entitle them to a declaration.

2. Whether evidence not pleaded by the respondents can be admitted in Court.

3. Whether having regard to the dismissal of the respondents’ claim for forfeiture, the learned Justice of Court of Appeal were right in holding that the respondents were entitled to the order of injunction.

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RATIONES DECIDENDI

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INTERLOCUTORY APPLICATIONS.

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“The order of injunction in this case is a necessary ancillary relief to protect the title of the respondents and to prevent any further infringement of their rights on the land by the appellants. ” Per U.A.Kalgo, JSC

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DEROGATION OF GRANT.

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“It is said that a grant once made absolutely cannot be derogated from by the grantor.” Per S.O.Uwaifo, JSC

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CASES CITED

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Alase v. Olori- Ilu (1965) NMLR 66
Ajayi v. Fisher (1956) SCNLR 279.
Ezeoke v. Nwagbo (1988) 1 NWLR (Pt. 72) 616.
Idundun v. Okumagba (1976) 1 NMLR 200; (1976) 9 – 10 SC 227
Kojo II v. Bonsie (1957) 1 WLR 1223.
Monier Construction Co. Ltd v. Azubuike (1990) 3 NWLR (Pt. 136) 74.

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STATUTES REFERRED TO

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Evidence Act Cap. 112 LFN s. 227(1).

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