OLANIYAN VS FATOKI

CORAM

SIR ZOE THOMPSON JSC

PARTIES

ALHAJI OSENI OLANIYANCHIEF BURAIMOH DUNMOYE BALOGUNALABILASISIJ. ADIOLATEEF ADELEKE APPELLANTS

CHIEF MRS. E. T. FATOKI (Substituted by Abiodun Fatoki by order of court on 23/04/2013) RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

LAND LAW, LAW OF EVIDENCE
SUMMARY OF FACTS
The Clamant /Respondent instituted an action against the Defendant/Appellant for trespassing on her land. The Appellants counter claim that the land belonged to them and asked the court to declare them the true owner of the land. The Clamant proved her root of title to a predecessor -in -title whose interest in the land is not defeasible. The trial court found in favor of the clamant and declared her the valid owner of the land. The Appellant not satisfy with the decision of the trial court appeal to the court of Appeal who affirmed the decision of the trial court, still not content with the lower court’s decision the Appellant appeal to the Supreme Court.

HELD

Appeal dismissed.

ISSUES

Whether there is any substantial error on the face of the record of proceeding to warrant this Honourable Court to disturb the concurrent findings of fact made by the High Court and the Court of Appeal in this case. Whether the findings of the trial court which was affirmed by the lower court is so perverse to warrant this Honourable Court to disturb the concurrent findings of fact made by the High Court and the Court of Appeal in this case. “

RATIONES DECIDENDI

CASES CITED

Adimora v. Ajifo (1988) 3 NWLR (part 80) 1|Yaro v. Arewa Construction Ltd & ors {2007) 16 NWLR (part 1063) 333 at 374|Kyari v. Alkali (2001) FWLR (part 60) 1481,|Romaine v. Romaine (1992) 4 NWLR (part 238) 650 and|Dabo v. Abdullahi (2005) 7 NWLR (part 923) 181

STATUTES REFERRED TO

NONE|

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