J. O. OSIDELE V. MOSES O. SOKUNBI

CORAM

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TASLIM O. ELIAS, CHIEF JUSTICE, NIGERIA

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PARTIES

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1. J. O. OSIDELE

2. SAM AKINMUSIRE

3. MADAM JULIANA SOBAKU

APPELLANTS 

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MOSES O. SOKUNBI

RESPONDENTS 

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AREA(S) OF LAW

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SUMMARY OF FACTS

The plaintiff/respondent claimed to have better title to a parcel of land and took the defendant/appellant to court accusing them of trespass. The trial court dismissed the plaintiff’s claim in its entirety. On appeal, the Court of Appeal set aside the lower court’s decision and allowed the appeal

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HELD

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Appeal dismissed.

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ISSUES

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1.Whether the learned Justices of the Court of Appeal were right to hold that the plaintiff/respondent is entitled to a statutory right of occupancy of the parcel of land in dispute and finding for him on his claim for trespass and injunction.?

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RATIONES DECIDENDI

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PROOF OF TITLE TO LAND

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“It is trite that in a claim of title to land, the plaintiff can succeed if he establishes his claim through anyone of the following five (5) ways:
By traditional evidence;
By production of documents of title;
By acts of ownership extending over a sufficient length of time which acts are numerous and positive enough to warrant the inference that the person is the true owner;
By acts of long possession and enjoyment of land;
By proof of possession of connected and adjacent land in circumstances rendering it probable that the owner of such connected or adjacent land would in addition be the owner of the land in dispute” PER MUHAMMAD, JSC

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SECURITY GIVEN TO THE PURCHASER OF A COURT ORDERED SALE OF PROPERTY

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“The security given by law to a purchaser of property in a court ordered sale is a statutory one which can defeat the title of the real owner who did not protest the sale” PER MUHAMMAD, JSC

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PRESUMPTION OF TRUTH IN DOCUMENTS MADE MORE THAN 20 YEARS AGO

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“Where recitals, statements and descriptions of facts and parties etc are made in a document which is more than 20 years and where not found to be inaccurate, such recitals, statements and descriptions of facts, etc shall be taken to be sufficient evidence of the truth of such facts, matters and descriptions.” PER MUHAMMAD, JSC

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CONSEQUENCE OF SALE BY AUCTION ORDERED BY A COURT OF LAW

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“The consequence of a sale by auction ordered by a court of law is that there is presumption that such judicial act is regular and valid where no fraud or other vitiating circumstances are shown.” PER MUHAMMAD, JSC

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EFFECT ON PARTIES TO A SALE OF PROPERTY UNDER LIS PENDENS

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“In a sale of a subject matter in Lis pendens, both the vendor and the purchaser suffer some disadvantages. The former stands the risk of lack of capacity to effect a legal transfer of title while the later stands the risk of purchasing nothing from the vendor” PER MUHAMMAD, JSC

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PROOF OF SUPERIOR ROOT OF TITLE

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“It is a well settled principle in land transactions that where the plaintiff and the defendant derived their titles from different families (sources), the family or source with a better title will give a superior root of title in support of a declaration of title in favour of a party deriving its title from that family or source.” PER MUHAMMAD, JSC

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CASES CITED

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Idundun v. Okumagba 1976 NSCC 44Arase v. Arase 1981 5 SC 33Mbarugo v. UACN 1961 All ER pt. 4 pg. 775?

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STATUTES REFERRED TO

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Evidence Act 

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