D.M. AIGBE VS BISHOP JOHN EDOKPOLOR
August 6, 2025A.O. ODUFUYE V JACOB ADEOYE FATOKE
August 6, 2025Legalpedia Citation: (1977-04) Legalpedia (SC) 01131
In the Supreme Court of Nigeria
Thu Apr 7, 1977
Suit Number: SC. 228/1975
CORAM
UDOMA, JUSTICE, SUPREME COURT
SOWEMIMO, JUSTICE, SUPREME COURT
OKAY ACHIKE JUSTICE, SUPREME COURT
PARTIES
YESUFU ANLA
APPELLANTS
SALAMI AYANBOLA
ALHAJI AYOOLA
SALAWU AKANJI
RESPONDENTS
AREA(S) OF LAW
CIVIL PROCEDURE-PROCEDURE ON APPEAL
SUMMARY OF FACTS
The appellant sought title to land at the customary court. The president of the court gave a ruling not based on customary law but on English principles of equity
HELD
The court held that the law applicable in the case of land suits is the customary law of the area where the land is.
ISSUES
Whether it was right for the President of the customary court to formulate an issue which was not the case made out by either party at the lower court the issue being who has better title to the land
RATIONES DECIDENDI
LAW APPLICABLE IN THE CASE OF LAND SUITS
From the provisions of the above sections, it is quite clear that the law applicable in the case of land suits is the Customary Law of the area where the land is. A Court of Appeal when dealing with matters which came on appeal before it from a Customary Court, is generally bound to limit its consideration to the case made out and decided by lower courts. PER SOWEMIMO JSC
CASES CITED
A.O ODUFUYE V. JACOB ADEOYE FATOKE, SUIT SC 229/75 DELIVERED ON 1ST APRIL 1977
STATUTES REFERRED TO
CUSTOMARY COURTS LAW OF THE WESTERN CAP 31 IN VOL 2 LAWS OF WESTERN REGION
