CORAM

IBRAHIM TANKO MUHAMMAD, JUSTICE, SUPREME COURT (Lead Judgment)

NIKI TOBI JUSTICE, SUPREME COURT

UMARU ATU KALGO JUSTICE ,SUPREME COURT.

PARTIES

YEKINI ADEDOKUN OYADARE (For himself and on behalf of Apete family of Oke-Foko, Ibadan) APPELLANTS

CHIEF OLAJIRE KEJIOLALEKAN OLAJIRE KEJI (For themselves and on behalf of Ogunbileje family) RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The plaintiff’s claim to tile to the land in dispute on the basis of traditional evidence was not proved but the trial court awarded title on the basis of acts of acts of long possession because the defendant also prove his title by traditional evidence.

HELD

The court held that the trial court was in error to have awarded title to the plaintiff but that his claim for trespass and injunction ought to have succeeded since they are predicated on possession alone.

ISSUES

1. Whether a Plaintiff who failed to establish his root of title can in law fall back on acts of ownership and acts of possession to prove his title;2. Whether failure of a claim for a declaration of title also means failure of claims for trespass and injunction.

RATIONES DECIDENDI

CASES CITED

1) BALOGUN V. AKANJI (1988) 1 N.W.L.R. (PT. 70) 301,2) FASORO & ANOR. V. BEYIOKU & ORS. (1988) 2 N.W.L.R. (PT. 76) 263).3) AMAKOR V. OBIEFUNA (1974) 3 S.C. 674) MOGAJI V. CADBURY (1972) 2 S.C. 97;5) AYINLA V. SIJUWOLA (1984) 5 S.C.44)

STATUTES REFERRED TO

NONE

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