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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]
| TITLE | MAIN ISSUES |
| USMAN MAGAJI V. MAIDOROWA MATARI | REAL ESTATE – CONVEYANCING – Inheritance – claim based thereon – what it presupposes |
| USMAN V. UMARU | LAND LAW:- Customary Land – Whether religion can determine applicable law – Islamic Law – Inheritance of Estates – How treated |
| UWAGBOE V. EVBUOMWAN | LAND LAW:- Benin Customary law – Benin City Land – Absence of individual ownership – Possessory titles only |
| UWAKWE V. ODOGWU | |
| UWECHIA V. OBI | LAND LAW:- Declaration of title – Damages for trespass and Injunction |
| UWECHIA V. THE NIGERIAN PROPERTIES COMPANY LIMITED | REAL ESTATE/LAND LAW – CONVEYANCE:– 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. ANIEMS | REAL 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. KPOROARO | LAND 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 & ORS | LAND 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 YINUSA | LAND LAW:– Instrument requiring registration – Failure to register – Effect thereof |
| VOISEY EX PARTE KNIGHT | REAL 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. LONSDALE | REAL ESTATELAND LAW:- Lease – Executory Agreement for Lease – Right of Distress – Minimum Rent – Rent payable in advance. |
| WARNER V. SAMPSON AND ANOTHER | REAL 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 AJANI | REAL ESTATE AND LAND LAW:- Family property – Management and alienation of – Principles applicable. |
| WELSH DEVELOPMENT AGENCY V. REDPATH DORMAN LONG LTD | |
| WEMABOD ESTATES LIMITED V. KOTUN | LANDLORD 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. HAWKINS | REAL 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 SECRETARY | LAND 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. FRANKLIN | LAND 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. BROWN | LAND 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. SANUSI | LAND LAW:- Contract for sale of land – Action for damages for breach of contract and refund of purchase price |
| WILLIAMS V. AKINWUNMI | LAND LAW:- Declaration of title – Proof of title – Plaintiff in long possession – Effect on burden of proof |
| WILLIAMS V. KAMSON | LAND 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 OTHERS | LAND 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 OTHERS | LAND 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. WOKOMA | LAND 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 ANOTHER | LAND 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 DANQUAH | REAL 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 III | REAL 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 & ANOR | LAND LAW – POSSESSION: The nature of possession protected by law |
| YESUFU V. NIGERIA HOUSING DEVELOPMENT SOCIETY LTD | REAL 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 JIBESIN | REAL 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. OLUBODE | LAND LAW:- Claim for a declaration of title – Injunction – Distinction between estoppel and the plea of res judicata |
| YUSUF V. ABINA | LAND 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. ADEGOKE | LAND 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 & ORS | REAL ESTATE/LAND LAW: |
| ZAIDAN V. MOHSSEN | LAND 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 LIMITED | LAND LAW:- Lis pendens -Alienation of land the subject matter of an action – Legal effect of the transaction. |
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES
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