MALLAM YUSUF OLAGUNJU VS CHIEF E. O. ADESOYE

CORAM

D MUSPAPHER, JUSTICE SUPREME COURT

G A OGUNTADE, JUSTICE SUPREME COURT

I F OGBUAGU, JUSTICE SUPREME COURT

F F TABAI, JUSTICE SUPREME COURT

PARTIES

1.MALLAM YUSUF OLAGUNJU (now deceased) (Head of Ojomu-Doyin Family)(Substituted by ALHAJI ABDULKADIRI BELLO On 15/11/2006)

APPELLANTS 

1.CHIEF E. O. ADESOYE

2.ATTORNEY GENERAL & COMMISSIONER FOR JUSTICE, KWARA STATE

RESPONDENTS 

AREA(S) OF LAW

DECLARATION OF TITLE – EVALUATION OF EVIDENCE – EFFECT OF STATUTORY RIGHT OF OCCUPANCY

SUMMARY OF FACTS

The respondent applied for and was granted a C of O for the construction of secondary school. When the 1st respondent applied for another C of O, the appellant protested the allocation. The trial court found for the respondent. The appellant’s appeal to the Court of Appeal was dismissed

HELD

Appeal dismissed

ISSUES

1.Whether the appellant proved his title to the land in dispute in this case.?

RATIONES DECIDENDI

WHEN ISSUES ARE NOT PLACED BEFORE AN APPELLATE COURT

When an issue or issues for determination, is or are not formulated or placed before an Appellate Court, it has no business whatsoever, to deal with it or them. Per Ogbuagu, JSC

EVALUATION OF DOCUMENTARY EVIDENCE

Evaluation of documentary evidence, is not the exclusive preserve of a trial court. Per Ogbuagu, JSC

EFFECT OF A STATUTORY RIGHT OF OCCUPANCY

A Statutory Right of Occupancy, automatically, extinguishes all existing rights in respect of the parcel of land over which it is granted. Per Ogbuagu, JSC

CASES CITED

1. Alli & anor. v. Chief Alesinloye & ors. (2006) 6 NWLR (Pt. 660) 177

2. Chief Balogun & ors. v. Akanji & anor. (1988) Vol. 19 1 NSCC 180; (1988) 1 SCNJ. 104; (1988) 1 NWLR (Pt.70) 30l at 321

3. Nkado & 2 ors. v. Obianor & anor. (1997) 5 SCNJ. 33.

STATUTES REFERRED TO

NONE

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