FRANCIS ADESHINA AYANWALE VS OLUMUYIW OLUMIDE ODUSOMI

CORAM

UMARU ATU KALGO, JUSTICE SUPREME COURT

MUHAMMADU LAWAL UWAIS, CHIEF JUSTICENIGERIA

NWALI SYLVESTER NGWUTA

PARTIES

FRANCIS ADESINA AYANWALE APPELLANTS

OLUMUYIWA OLUMIDE ODUSOMI RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant claimed for declaration of statutory right of occupancy to a piece of land, damages and an order of injunction restraining the defendants from further trespass. The trail court granted the plaintiffs claim and the defendant appealed to the court of appeal. The court of appeal allowed the appeal and set aside the decision of the trial court, stating that the appellant (then respondent) failed to give evidence linking his deeds of conveyance to the established land owing family. The appellant appealed to the supreme court.

HELD

The appeal was allowed, the judgement of the court of appeal was set aside and the judgement of the high court stating that the appellant (then plaintiff) had better title was restored.

ISSUES

Whether, in view of the evidence before the court, the court of appeal was right in dismissing the plaintiff’s claim for declaration of statutory right of occupancy

RATIONES DECIDENDI

CASES CITED

Ezeudu & Ors v Obiagwu 1986 2NWLR Pt 21 p2Q8|Kodilinve v Odu 1935 2 W.A.C.A. p336|Abisi v Ekwealor 1993 6N.W.LR. Pt 302 p43|Salami v Gbodoolu 1997 4NWLR Pt449 p377|Idundun v Okumagba 1976 9/10 SC p227

STATUTES REFERRED TO

Section 123 of Evidence Act|

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