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CASES/JUDGMENTS ON REAL ESTATE AND PROPERTY LAW IN NIGERIA (10)

POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR

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CASES/JUDGMENTS ON REAL ESTATE AND PROPERTY LAW IN NIGERIA (10)

[Judgment(s) are listed and published here for free but can procured in electronic PDF copies for a fee in singles or compendium. Research support is also available. Email us through lawnigeria@gmail.com and info@lawnigeria.com or text 07067102097]

TITLEMAIN ISSUES
USMAN MAGAJI  V. MAIDOROWA MATARIREAL ESTATE – CONVEYANCING – Inheritance – claim based thereon – what it presupposes
USMAN V. UMARULAND LAW:- Customary Land – Whether religion can determine applicable law – Islamic Law – Inheritance of Estates – How treated  
UWAGBOE  V. EVBUOMWANLAND LAW:- Benin Customary law – Benin City Land – Absence of indi­vidual ownership – Possessory titles only
UWAKWE  V. ODOGWU
UWECHIA V. OBILAND LAW:- Declaration of title – Damages for trespass and Injunction
UWECHIA V. THE NIGERIAN PROPERTIES COMPANY LIMITEDREAL ESTATE/LAND LAWCONVEYANCE:– Power of attorney – When not under seal – Con­veyance in exercise of power – Ratification by executors of donor of power – Effect REAL ESTATE/LAND LAW – BREACH OF COVENANT:- Waiver of breach of covenant – Onus of proof thereof – Where it lay REAL ESTATE/LAND LAW -LANDLORD AND TENANT:- Landlord with defective title serving notice of breach of covenant – Validity of notice
UYOVWUKERHI V. AFONUGHE AND ANOTHER
UYOT V.  ANIEMSREAL ESTATE/LAND LAW:- Res judicata – Invocation of judgment of a previous suit in relation to land dispute – Where land not sufficiently described in the previous suit – Whether can support plea of res judicata
UYOVBARIA  V. KPOROAROLAND LAW:- Communal land and customary tenancy – Annual tribute – When proper order to make rather than order for payment of a lump-sum fine or damages for breach of terms of tenancy – Fixing annual tribute payable in respect thereof – Power of court so to do
V. A. FAGBOLA V. A. A. ODEYEMI & ORS.LAND LAW:- Declaration of title to land – Plaintiff and defendants deriving title to same land through the same vendor-family –  Family splitting up and selling parts of family land to individual purchasers at various times – Conflict of interest between various purchasers – Defendants’ conveyances prior to purchase of land by plaintiff – Second defendant registered as owner of disputed land – How treated
VERONICA GRAHAM & ORS V. LAWRENCE ILONA ISAMADE ESUMAI & ORSLAND LAW – TRESPASS TO LAND:- Whether trespass to land is actionable at the suit of the person in possession of the land
VISHIMA IGBUM V. BABA. NYARINYA DAN AZUMI YINUSALAND LAW:– Instrument requiring registration – Failure to register – Effect thereof
VOISEY EX PARTE KNIGHTREAL ESTATE/LAND LAW:- Mortgage – Attornment Clause – Validity – Bankruptcy of Mortgagor – Mortgage to Building Society – Advance repayable in Monthly Installments – How treated REAL ESTATE – TENANCY:- Monthly Tenancy – Statute of Frauds (29 Car. 2, c. 3), s. 1 [Revised Ed. Statutes, vol. i. p. 774] – Lease not in writing-” Uncertain” Rent
VULCAN GASES LTD. V. G.F.  IND. A.G.
WALSH V. LONSDALEREAL ESTATELAND LAW:- Lease – Executory Agreement for Lease – Right of Distress – Minimum Rent – Rent payable in advance.
WARNER V. SAMPSON AND ANOTHERREAL ESTATE/LAND LAW:- Landlord and Tenant – Forfeiture of lease – Repudiation of landlord’s title – Action by landlord for possession – General denial of statement of claim. in defence – No affirmative setting up of adverse title – Whether general denial creates forfeiture – Defence amended to admit landlord’s title before any effective step taken by landlord to claim forfeiture – Effect of amendment
WARABI  ALAO  V. OLADEJO AJANIREAL ESTATE AND LAND LAW:- Family property – Management and alienation of – Principles applicable.  
WELSH DEVELOPMENT AGENCY  V. REDPATH DORMAN LONG LTD
WEMABOD ESTATES LIMITED V. KOTUNLANDLORD AND TENANT:- Possession – Arrears of rent – mesne profits – Statutory notices, precondition of issuing – Effect of failure to comply with the law – Section 7 Recovery of Premises Law applied
WEST V. DOBB.REAL ESTATE/LAND LAW:- Landlord and Tenant – Covenant not to assign without Licence – How treated
WHITEMAN V. HAWKINSREAL ESTATE/LAND LAW:- Real estate transaction – Duty of solicitor to ascertain existing encumbrances or charge over the land – Failure thereto – Whether client may recover against solicitor
WILLIAM LEWIS THE ELDER-V THE COLONIAL SECRETARYLAND LAW/REAL ESTATE:- Public acquisition of land – Public Land Ordinance-Assessment of Value – to award compensation – Unoccupied land – Beneficial use – Proceedings taken before the Court merely for the purpose of the value of land acquired under the Public Lands Ordinance do not estop the Colonial Secretary from proving that the land is unoccupied land for which no compensation is payable
WILLIAMS  V. FRANKLINLAND LAW:- Town Planning — Lagos — Acquisition of Lands — Compensation – To whom payable — Equitable interest – How treated
WILLIAMS AND GLYN’S BANK  LTD V. BOLAND AND ANOTHER (CA)REAL ESTATE – LAND LAW:– Matrimonial home jointly owned by husband and wife but conveyed in husband’s name only – Whether mortgagee has priority over wife’s equitable interest – Effect of wife’s actual occupation
WILLIAMS AND GLYN’S BANK LTD V. BROWNLAND LAW/REAL ESTATE:- Land registration – Overriding interest – Rights of person in actual occupation of land
WILLIAMS V. KAMSON
WILLIAMS V. FACADE
WILLIAMS V. MOKWE
WILLIAMS V. SANUSILAND LAW:- Contract for sale of land – Action for damages for breach of contract and refund of purchase price
WILLIAMS V. AKINWUNMILAND LAW:- Declaration of title – Proof of title – Plaintiff in long possession – Effect on burden of proof
WILLIAMS V. KAMSONLAND LAW:- Compulsory Acquisition of land – Basis for the award of compensation payable on a compulsory acquisition of a factory or a business house – Whether award could be made for disturbance – Public Lands Acquisition Act (Cap. 167) S.15
WIRI AND OTHERS. V. WUCHE AND OTHERS.LAND LAW/REAL ESTATE:- Proof of title to land – Community land – Representative capacity – What needs to be shown – Role of court thereto
WIRI AND OTHERS V. WUCHE AND OTHERSLAND LAW:- Lease – Covenant forbidding assignment, underletting, or parting with possession – Criterion for determining LAND LAW:- Lease – Covenant not to assign or underlet or part with posses­sion – Whether payment of rent to lessee by a third party amounts to a breach of covenant LANDLORD AND TENANT:- Covenant not to assign, underlet or part with possession – Breach – Criterion
WOLUCHEM AND OTHERS . V. GUDI AND OTHERSLAND LAW:- Declaration of title – Exclusive and Communal ownership – Need to plead type of ownership – Plaintiffs right to award of title notwithstanding admission by plaintiffs’ witness that plaintiffs are communal owners with third parties LAND LAW:- Suit for declaration of title – Onus of proof lies on the plaintiff – Need for plaintiff to succeed on the strength of his case and not on the weakness of the defendant’s case – Whether burden of proof on plaintiff discharges court from duty to consider the evidence of both the plaintiff and the defendant and ascribe relative weight to each of them on an imaginary scale
WOLUCHEM V. WOKOMALAND LAW:- Action for damages for trespass to land and for injunction – Injunction granted on ex parte application in chambers – Validity of
WUDANU KWASI AND ANOTHER V. NANA OSEI TWUM, OHENE OF BUKURUWA, AND ANOTHERLAND LAW:- Claim for declaration of title over parcel of land – Jurisdiction to hear same – Whether vests in Lands Division of the Supreme court of the Gold Coast
WUTA-OFEI V. MABEL DANQUAHREAL ESTATE/LAND LAW:- Possession – Land – Vacant and unenclosed – Intention to retain possession – Whether active steps in relation to land unnecessary – Slightest amount of possession – Whether  sufficient against trespasser without title
YAKUBU IBRAHIM V. THE STATE
YAW AKYIREFIE V. NANA KWA BOM IIIREAL ESTATE/LAND LAW:- Stool family land pledged to a member of the family -Subsequent redemption from successor of the pledge by another member of family – Claim by redeemer that he was the owner of the property – How treated
YEKINI ADEDOKUN OYADARE V. CHIEF OLAJIRE KEJI & ANORLAND LAW – POSSESSION: The nature of possession protected by law
YESUFU  V. NIGERIA HOUSING DEVELOPMENT SOCIETY LTDREAL ESTATE AND PROPERTY LAW:- Borrower and lender – Action by borrower to set aside sale of property – Fraud and irregularities in conduct of sale alleged – Plaintiff conceding failure to prove fraud at trial – Particulars of irregularities alleged not given in statement of claim – Attempt by counsel to canvass anything in address – Purchaser bidding at auction through another – Validity of sale – How treated
YESUFU ADEOSUN  V. MADAM AYISATU JIBESINREAL ESTATE AND LAND LAW:– Declaration of title to land – Duty of plaintiff to ascertain area of land in dispute – purpose of identification.  
YESUFU OGEDENGBE V. CHIEF J. B. BALOGUN
YOYE V. OLUBODELAND LAW:- Claim for a declaration of title –   Injunction – Distinction between estoppel and the plea of res judicata
YUSUF V. ABINALAND LAW:- Trespass to land – Possession -Whether mere possession is sufficient to maintain trespass LAND LAW:- Land Registration – Temporary Occupation Licence – Whether registrable under the Land Registration Act — Regulation 17 of 1937 (Laws of Nigeria and Lagos VOL. VIII Page 1194)
YUSUF V. ADEGOKELAND LAW:- Compulsory acquisition of family land and subsequent release of by the Government – nature of title created – whether a section of the family may dispose of unpartitioned family land
YUSUF V. OYETUNDE
ZACCHEUS FALEYE & ORS. V. ALHAJI LASISI OTAPO & ORSREAL ESTATE/LAND LAW:
ZAIDAN V. MOHSSENLAND LAW:- Succession to real estate in Nigeria and Lex Situs – Applicable legal rules applicable to real estate of foreigner who died intestate – How treated
ZUNU V. NEW NIGERIA BANK LIMITEDLAND LAW:- Lis pendens -Alienation of land the subject matter of an action – Legal effect of the transaction.
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