Just Decided Cases

TUNDE OSUNRINDE & ORS VS. MUTAIRU TOGUN AJAMOGUN & ORS

Legalpedia Citation: (1992) Legalpedia (SC) 16751

In the Supreme Court of Nigeria

Fri Jul 10, 1992

Suit Number: SCA 81/1990

CORAM


UWAIS, JUSTICE SUPREME COURT

BELGORE, JUSTICE SUPREME COURT

WALI, JUSTICE SUPREME COURT

KUTIGI, JUSTICE SUPREME COURT

OGUNDARE, JUSTICE SUPREME COURT


PARTIES


TUNDE OSHUNRINDEABUDU SEIDUMOMODU GBADAMOSI (deceased) RASHIDI ASHIMIFASASI OSHOADE ONIKOTUNALADE MOFIUYEKINI ALABA ONIKOTUN (deceased) MUSTAPHA KAMIYOSI APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The Plaintiffs sought an order declaring null and void the power of attorney and lease entered into with the Defendant. They also sought the sum of N50,000.00 being damages for trespass committed by the 1st defendant his servants agents and privies on all that piece of land in dispute.?


HELD


The Supreme Court held that as the other members of the family must have stood by and watched other members fight their case for them. They are, therefore, estopped by conduct or by standing by from denying that the Respondent was the head of their family.?


ISSUES


The validity of the power and the subsequent lease to the 1st defendant?


RATIONES DECIDENDI


CASES CITED


Shonekan v. Smith (1964)1 All NLR. 168Ogundairo & Ors. v. Okanlawon & Ors. (1963)1 All NLR. 358 (1963) 2 SCNLR?


STATUTES REFERRED TO


None


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