May 15, 2025
Legalpedia Citation: (2013-05) Legalpedia (SC) 04111 In the Supreme Court of Nigeria Fri May 24, 2013 Suit Number: SC. 150/2002 CORAM CHRISTOPHER MITCHELL CHUKWUMA-ENEH JUSTICE, SUPREME COURT […]
CORAM
CHRISTOPHER MITCHELL CHUKWUMA-ENEH JUSTICE, SUPREME COURT
STANLEY SHENKO ALAGOA JUSTICE, SUPREME COURT
CHRISTOPHER MITCHELL CHUKWUMA-ENEH JUSTICE, SUPREME COURT
CHRISTOPHER MITCHELL CHUKWUMA-ENEH JUSTICE, SUPREME COURT
STANLEY SHENKO ALAGOA JUSTICE, SUPREME COURT
STANLEY SHENKO ALAGOA JUSTICE, SUPREME COURT
CHRISTOPHER MITCHELL CHUKWUMA-ENEH JUSTICE, SUPREME COURT
CHRISTOPHER MITCHELL CHUKWUMA-ENEH JUSTICE, SUPREME COURT
CHRISTOPHER MITCHELL CHUKWUMA-ENEH JUSTICE, SUPREME COURT
CHRISTOPHER MITCHELL CHUKWUMA-ENEH JUSTICE, SUPREME COURT
CHRISTOPHER MITCHELL CHUKWUMA-ENEH JUSTICE, SUPREME COURT
CHRISTOPHER MITCHELL CHUKWUMA-ENEH JUSTICE, SUPREME COURT
CHRISTOPHER MITCHELL CHUKWUMA-ENEH JUSTICE, SUPREME COURT
CHRISTOPHER MITCHELL CHUKWUMA-ENEH JUSTICE, SUPREME COURT
CHRISTOPHER MITCHELL CHUKWUMA-ENEH JUSTICE, SUPREME COURT
STANLEY SHENKO ALAGOA JUSTICE, SUPREME COURT
STANLEY SHENKO ALAGOA JUSTICE, SUPREME COURT
CHRISTOPHER MITCHELL CHUKWUMA-ENEH JUSTICE, SUPREME COURT
CHRISTOPHER MITCHELL CHUKWUMA-ENEH JUSTICE, SUPREME COURT
CHRISTOPHER MITCHELL CHUKWUMA-ENEH JUSTICE, SUPREME COURT
STANLEY SHENKO ALAGOA JUSTICE, SUPREME COURT
CHRISTOPHER MITCHELL CHUKWUMA-ENEH JUSTICE, SUPREME COURT
STANLEY SHENKO ALAGOA JUSTICE, SUPREME COURT
PARTIES
FOLORUNSHO OLUSANYA APPELLANTS
ADEBANJO OSINEYE/OSINLEYE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant and the respondents were neighbors at Itun Igodo Quarters Ode Remo, the Appellant and the Respondent’s father having purchased adjacent pieces of land from one Pa Ogunmeru. Appellant purchased his piece of land in 1960 while the Respondent’s father purchased his own piece of land in 1952. What was in contention was the allegation by the appellant that the respondent buried his father on the access road thereby denying him access to his building. The respondent contended that the access road was part of his father’s property. The Trial Court dismissed the appellant’s claims. The Appeal Court also dismissed his appeal. Thus, a further appeal to the Supreme Court.
HELD
Appeal Dismissed
ISSUES
1. Whether the Appellant enjoyed a right of easement to his building/residence situate, lying and being at Nomegun Quarters, Itun Igodo, Ode Remo on which the Respondent erected a wall which blocked the access way that led to the Appellants residence?
RATIONES DECIDENDI
POSSESSION -CONFLICTING CLAIMS TO POSSESSION
“It is settled on the authorities that where two parties claim to be in possession of land, the law ascribes possession to the one that has a better title”. –Per S.S Alagoa JSC
COSTS-AWARD OF COSTS – ATTITUDE OF COURTS
“Costs awarded are supposed to be compensatory to a successful party without being punitive to an unsuccessful party and costs that are awarded to serve as a deterrent to an unsuccessful party to prevent him from filing future claims of a particular kind are certainly punitive and a court that awards such costs cannot be said to be exercising its discretion judiciously and judicially. The power to vary such an order on costs wrongly exercised by High Court is vested in Court of Appeal by Section 16 of the Court of Appeal Act and Court of Appeal Rules”. – Per S.S Alagoa JSC
CASES CITED
Jones v. Chapman (1848) 2 Exch. 803Canvet Island Commissioner v. Preedy (1922) 1 Ch. 179 Emavworhe Etajata & Ors v. Peter, Ologbo & Anor (2007) 16 NWLR (Part 1061) 554.
STATUTES REFERRED TO
NONE