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CASES/JUDGMENTS ON REAL ESTATE AND PROPERTY LAW IN NIGERIA (4)
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CASES/JUDGMENTS ON REAL ESTATE AND PROPERTY LAW IN NIGERIA (4)
[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 |
| CANNOCK CHASE DISTRICT COUNCIL V. KELLY | PROPERTY AND REAL ESTATE LAW:- Housing – Local authority houses – Management – Abuse of powers – Defence to claim for possession – Pleading – Taking into account irrelevant factor or omitting to take into account relevant factor – Claim for possession on expiry of notice to quit – Tenant pleading defence of abuse of power in that authority had failed to take into account all relevant considerations – Tenant not particularising the consideration not taken into account – Evidence establishing that tenant was a good tenant and was not in breach of tenancy – Whether proper defence pleaded – Whether tenant required to particularise allegation of abuse of power – Whether proof that tenant a good tenant justifying inference that notice to quit unreasonable and abuse of power. |
| CAPITAL FINANCE CO. LTD. V. STOKES AND ANOTHER | REAL ESTATE/LAND LAW:- Sale of property – Part payment secured by way of mortgage on property – Matters arising therefrom – How treated |
| CARDOSO V. DANIEL | LAND LAW:- Conveyance – Deed of Conveyance – Execution of – Proof thereof. LAND LAW:- Presumption of ownership -Section 21, Public Lands Acquisition Act – When raised – Proper treatment of LAND LAW:- Registration of instrument – Effect on validity of content – Section 25, Lands Acquisition Act. |
| CHIEF E. A. ADEYEMO V. LASISI IDA; LASISI AREMU; MUDASIRU ALABI | REAL ESTATE AND LAND LAW – REGISTRATION OF INSTRUMENTS:- Registrable instrument – Where not registered – Evidential value of |
| CHIEF (MRS) T. A. ADEGEBO & ANOR V. OTUNBA BABATUNDE OWOKALU | REAL ESTATE/LAND LAW:- Whether a registrable instrument which has not been registered can be given in evidence |
| CHIEF ALHAJI K. O. S. ARE & ANR V. RAJI IPAYE & ORS | |
| CHIEF AMINU ARE V. ATTORNEY-GENERAL, WESTERN REGION | LAND LAW:- Compulsory acquisition – Claim for compensation – Limitation of period within which petition can be brought- Public Lands Acquisition Ordinance Cap. 185 as amended by Western Region Law No. 15 of 1958 – Not retrospective. |
| CHIEF AUGUSTINE NDULUE & ANOR V. IGWE MICHAEL O. OJIAKOR & ORS | REAL ESTATE/LAND LAW:- Proof of ownership over community land – Relevant facts |
| CHIEF BRIGHT ONYEMEH & ANOR V. MRS. GRACE IWUEZE & ANOR | REAL ESTATE/LAND LAW:- Ownership of real estate – Stalls – What confers ownership in lock-up shops REAL ESTATE/LAND LAW – TITLE TO LAND:- Where two or more persons contest title or ownership of any land or property – Applicability of the principle of priorities – Whether position of the first purchaser would be made stronger if it is found that he is in possession REAL ESTATE/LAND LAW:- Action for trespass – Whether plaintiff need prove injury to succeed in a claim for general damages for trespass – Guidelines for the assessment and award of general damages – when appellate court will interfere with trial court’s exercise of discretion |
| CHIEF D. B. AJIBULU V. MAJOR GENERAL D. O. AJAYI | REAL ESTATE/LAND LAW – PROOF OF TITLE – GRANT LAND:- Where a party relies and pleads a grant as his root of title – Rule that he is under a duty to prove such a grant to the satisfaction of the trial court – How satisfied REAL ESTATE/LAND LAW – TITLE TO LAND:- Ways of establishing title to land – Disputed title to land – Rule that where both parties claim title to land that the court is more concerned with the relative strength of the party with better right who must then be given the declaration – Rule that for the plaintiff to succeed, he must rely on the strength of his own case and not on the weakness of the defence, except where such evidence of the defence manifestly supports the case of the plaintiff – Rule that onus is on a plaintiff seeking title to land to show how he or his predecessor-in title has acquired such – How treated |
| CHIEF EMMANUEL BROWN V. CHIEF O.N. NSIRIM | LAND LAW: Declaration of title – plaintiff relying on traditional history, conflict in evidence of traditional history – How resolved |
| CHIEF EYO EYO ITA AND ANOTHER V. ETUBOM OKON EFA ASIDO | REAL ESTATE/ LAND LAW:- Land Claims – Declaration of Title – Damages for Trespass – Rights by Purchase and rights by Native Law and Custom – How treated |
| CHIEF F.M. IKOMI V. C. E. COLE | REAL ESTATE – LEASE: Landlord and Tenancy –Valid notice to determine an annual lease |
| CHIEF GIBSON PENCYL ORUNENGIMO V. MADAM MARGARET EGEBE | LAND LAW:- Dispute as to title to land – Duty of establishing the identity of the land in a claim for declaration of title – Onus on whom rest – Ingredients of a valid sale and transfer of family land – Proof of sale of the land in dispute under Native Law and custom |
| CHIEF HARRISON IYALA AND 2 ORS V. CHIEF AARON F.D. OFFO AND OTHERS | LAND LAW:- Declaration of title – Plaintiff in a claim for declaration of title – Onus on Plaintiff. LAND LAW:- Title to ownership of land – Whether an order of non-suit will be granted to a party who fails to prove title to ownership of land. LAND LAW:-Traditional history – How pleaded. |
| CHIEF HENRY ASUQUO ETIM & ORS V. MR. N.E.O. ETTA & ORS | |
| CHIEF IBIBO OBU DOKUBO & ANOR. V. CHIEF J. OMONI & ORS | LAND LAW – GRANT/SETTLEMENT:- Difference between grant and settlement – Legal implication |
| CHIEF ISAAC OLOKUNLADE & ORS V. CHIEF PETER ADEBISI ADEMILOYO | LAND LAW – DECLARATION OF TITLE TO LAND:- On whom lies the duty to prove claim before declaration of title to land can be granted by the court |
| CHIEF J.M KODILINYE AND ANOTHER VS.PHILIP AKUNNE ANATOGU AND ANOTHER[PRIVY COUNCIL] | REAL ESTATE/LAND LAW:- Ownership – Statutory transfer of land to Crown – Subsequent abandonment under statute as amended – Effect – Whether title to ownership reverted back to original owners – Whether usufructuary and occupancy rights intermediately acquired not affected REAL ESTATE/LAND LAW:- Title to ownership of the land – Where declaration to same is proved – Whether extends to possession of said land – Whether court duty bound to ensure language of its order is narrow enough not to imply possession |
| CHIEF JACOB BALOGUN & ORS V. ALHAJI SULAIMON ADEYEMO | LAND LAW – BOUNDARY MARKS:- What constitutes good boundary marks |
| CHIEF JACOB CLEOPAS BIARIKO | LAND:- Title to land – How proved – Party claiming declaration of title to land – Where relies on more than one root of title – Whether must prove all – Relevant consideration LAND LAW:- Estoppel – Plea of in land matters – Conditions for application of – Where land in subsequent suit larger than land in previous proceedings upon which plea of estoppel founded – Whether plea of estoppel will succeed. |
| CHIEF JAMES OLUSEYI OLONADE & ANOR V. H. BABATUNDE SOWEMIMO | LAND LAW – RIGHT OF FORFEITURE:- What must a party show before his right of forfeiture can be exercised |
| CHIEF JOEL E. BABATOLA V. MRS. MARGARET ADEWUMI | LAND LAW:- Declaration of Title To Land – Primary duty of a claimant to show the exact and precise identity of the land on which he hinges his claim – Where the evidence led as to the identity of the land claimed is scanty or contradictory or inconclusive –Proper treatment of LAND LAW:- Identity of land – Where the defendant has made identity of the land an issue in his statement of defence – Whether it is only then that the necessity would arise for the claimant to lead evidence on the identity of the land which he claims LAND LAW:- Proof of identity to land – Need for the Plaintiff to succeed by adducing evidence which is such that it ascertains the land in dispute without any doubt whatsoever – Quality of evidence that suffices –Where a survey plan showing or reflecting clearly the boundaries, location or extent of the land claimed – Need for Survey Plan to show clearly the dimensions of the land, the location of the land, the boundaries of the land and other salient or clear features appertaining the land in dispute |
| CHIEF KOFI AKRASI V. CHIEF OSEI KOJO | LAND LAW:- Claims relating to the ownership, possession or occupation of land – Duty of court thereto – Claim for tribute from agricultural land – Whether claim for rents simplicita – Claim for forfeiture of agricultural plantation – Whether relevant to determine if it relates to the possession or occupation of land |
| CHIEF L.K. AJIBARE & ANOR V. JAMES AKOMOLAFE & ANOR | LAND LAW – DECLARATION OF TITLE TO LAND:- What plaintiff in a claim for declaration of title to land based on traditional history must plead and lead evidence on |
| CHIEF (MRS) T. A. ADEGEBO & ANOR V. OTUNBA BABATUNDE OWOKALU | |
| CHIEF MARTIN A. NNABUIFE V. ONWUKA NWIGWE | REAL ESTATE – LAND LAW:– Land in dispute – Proof of ownership to same – Rule in Idundun v. Okumagba (1976) 9-10 SC 227 considered and applied |
| CHIEF NICHOLAS BANNA V. TELEPOWER NIGERIA LTD | LAND LAW:- Application for interlocutory injunction in respect of some properties – How treated |
| CHIEF OLAIDE ONASANYA & ORS. V. CHIEF KOLAWOLE SODARA & ORS. | |
| CHIEF OSIGWE EGBO V. CHIEF TITUS AGBARA & ORS | LAND LAW – DECLARATION OF TITLE TO LAND:- Proof of traditional history to land or root of title – Conflict in evidence of traditional history – Effect – Proper treatment |
| CHIEF OZO NWANKWO ALOR AND ANOTHER. V. CHRISTOPHER NGENE AND OTHERS | |
| CHIEF R.A. ADEAGBO V. PRINCE M. A. WILLIAMS(CA) | LAND LAW:- Dispute as to title and ownership of land – Duty of plaintiff to clearly show identity of land in dispute – When possession of part of land in dispute can be proof of possession of whole LAND LAW:- Trespass to land – Whether court duty bound to enter judgement on plaintiff’s proof of exclusive possession |
| CHIEF S. A.OKUBULE & ANR V. MR. THOMAS . A. OYAGBOLA & ORS | |
| CHIEF S. I. AGU V. GENERAL OIL LIMITED | REAL ESTATE/LAND LAW – SUBLEASE: Breach of contract of sublease – When a sub-lessee against the terms of his contract mortgages the land to a bank – reliefs available to sub-lessor – How treated by court |
| CHIEF SAMSON O. OBASEKI V. AFRICAN CONTINENTAL BANK LIMITED AND ANOTHER | |
| CHIEF S. O. OGUNMOLA & ORS V. HODA EIYEKOLE & ORS | |
| CHIEF SUNDAY N.A. UZOR V. DELTA FREEZE NIGERIA LTD & ORS | LAND LAW – ABANDONED PROPERTY:– Meaning – Qualifying factors for |
| CHIEF SUNDAY OGUNYADE V. SOLOMON OLUYEMI OSHUNKEYE & ANR | |
| CHIEF SUNDAY ORIORIO & ORS V. CHIEF JOSEPH OSAIN & ORS | LAND LAW – TRESPASS TO LAND:- Who can maintain an action for damages for trespass – Duty of court where damages are awarded for trespass to land and there is a claim also for injunction |
| CHIEF TITUS ANAMASONYE ONWUGBELU V. MR. EJIOFOR EZEBUO & ORS | REAL ESTATE/LAND LAW – FAMILY LAND:- Inherent right of every member of a family to be allotted part of family land for residence or farming to support himself and his immediate family – Basis of – Nature of as a right of occupancy that can legally be enforces against the family head or any member of the family that is unlawfully depriving a member thereof – Whether a non-member of a family does not have and cannot therefore exercise such a right REAL ESTATE/LAND LAW- FAMILY LAW:- Family land and exercise of acts of ownership over same – Whether non-members can exercise any right over family land – Whether mere possession of land belonging to another for a long time can confer a prescriptive title |
| CHIEF URIAH AKPANA ADOMBA & ORS V. BENJAMIN ODIESE & ORS | |
| CHRISTOPHER OGBEMUDIA & ORS. V. EKHATOR OTABOR & ORS. | |
| CLAY INDUSTRIES (NIGERIA) LTD. V. ADELEYE AINA & ORS. | LAND LAW – DECLARATION OF TITLE TO LAND:- On whom lies the onus of proof LAND LAW – DECLARATION OF TITLE TO LAND:- On whom lies the onus of proof |
| CLEMENT ODUNUKURE V. DENNIS OFOMATA & ANOR | LAND LAW:– Whether it would be right to resolve traditional history by the demeanour of witnesses- How ownership of land may be proved – Onus of proving exclusive ownership – On whom lies |
| CLIFFORD O. IMOH V. ABIODUN ONANUGA & ANOR | REAL ESTATE/LAND LAW:- Declaration of title to land – Onus on plaintiff who claims declaration of title to land to satisfy court that he is entitled on the evidence adduced by him to the declaration sought – Whether the onus never shifts – Exceptions – Where the defendant claims exclusive ownership of family land – How treated REAL ESTATE/LAND LAW:-Action for declaration of title to land – Where the plaintiff predicates his title on sale or grant by a particular person, family or community – Burden of proof that must be satisfied to succeed – Duty to plead and prove not only the sale or grant of the land to him but also the origin of the title of the particular person, family or community that sold or granted the land to him unless that title had been admitted |
| COL. NICHOLAS AYANRU (RTD) V. MANDILAS LIMITED | |
| COLONEL HASSAN YAKUBU V. GOVERNOR OF KOGI STATE & 4 OTHERS | |
| CORPORATIVE & COMMERCE BANK PLC V. JONAH DAN OKORO EKPERI | |
| D. O. IDUNDUN & ORS V. DANIEL OKUMAGBA | |
| D.W. LEWIS & ORS V. BANKOLE & ORS. | LAND LAW:- Family land – Alienation – Essentials – Rights of Head and members of family |
| DA COSTA V. IKOMI | LAND LAW:- Declaration of title to land – Proof of title under customary law – Onus on plaintiff to prove root of title – Where defendants shows better title – Possession and presumption of ownership under section 145 of the Evidence Act – Whether presumption can be rebutted with proof of a good title – Whether long possession and development of land is proof of acquiescence against person who proves good title LAND LAW:- Title of land under fee simple – Where root of title derives from a customary law holding family – Need for conveyances relating to same to be proved as having been validly executed by Head of the family – Effect |
| DADA V. DOSUNMU | Land law: – Declaration of title to land – Onus of proof on Plaintiff claiming declaration of title to prove the exact area of land being claimed – How to discharge the burden of proof relating to title to a piece of land with ascertainable boundaries – Onus on Plaintiff to prove title to a defined area in a claim for declaration of title Land law: – Declaration of title to land – Survey plan – Duty on Plaintiff to serve same on the Defendant – Relevance of survey plan |
| DADA V. SHODEKE | LAND LAW:- Customary Law of Igando – Declaration of title – Forfeiture of customary tenancy – Injunction – Action brought in representative capacity – Onus of proof of ownership of land |
| DADI V. GARBA | LAND LAW:- Family property – Who can sue to protect |
| DALFAM NIGERIA LIMITED V. OKAKU INTERNATIONAL LIMITED | REAL ESTATE – CONVEYANCING:– Deed delivered by escrow – Definition and operation of |
| DAMIAN ANYANWU V. BRENDAN IWUCHUKWU | REAL ESTATE – LAND LAW:– Customary pledge – land on pledge – Whether can be sold |
| DAMULAK DASHI & ORS. V. STEPHEN SATLONG & ANOR. | REAL ESTATE/LAND LAW – CUSTOMARY TENANCY:- Fundamental features of customary tenancy |
| DANIEL BASSIL V. CHIEF LASISI FAJEBE | REAL ESTATE/LAND LAW – CONVEYANCING:– Mistake in an instrument – when a court will correct same. REAL ESTATE/LAND LAW – TITLE TO LAND:- Sale of land under Yoruba Customary Law – Essential ingredients of. |
| DANIEL V. IROERI | LAND LAW:- Trespass – Plaintiff alleging ownership of land in dispute by virtue of allocation under distribution agreement between Administrator-General and children of deceased property owner who died intestate together with subsequent conveyances in turn to his predecessor in title and himself – Defence relying on later deed of assurance to 1st defendant as beneficiary of deceased by Administrator-General pursuant to court approved scheme of distribution – When onus deemed wrongly placed on defence to trace title to distribution agreement – Proper treatment |
| DANIEL ENYIM V. BANK OF BRITISH WEST AFRICA LTD | LAND LAW:- Crown Lands – Assignment of leases held thereunder – Necessity for previous consent of Governor LAND LAW:- Sale of land with buildings and fixtures thereon – Whether such sale passes ownership also in buildings and fixtures thereon. |
| DAVID IBIDOKUN V. OGUNMOLA ADARALODE | REAL ESTATE – LAND LAW:– The Principle in KOJO II Vs. BONSIE – Proper treatment of LAND LAW – LAND USE ACT 1978:– Whether part of the constitution |
| DAVID ITAUMA V. FRIDAY JACKSON AKPE-IME | REAL ESTATE – LAND LAW:– Claim for declaration of title to land – Onus of proof on plaintiff – How discharged |
| DAVID V. SASEGBON | LAND LAW:- Declaration of title – Need for search at Land’s Registry – Claim of ownership based on worthless root of title – Effect |
| DE FACTO BAKERIES & CATERING LTD V. AJILORE | LAND AW:- Layout Scheme of land by statutory body – Compliance by occupiers of plots with provisions of the Scheme – Action for Declaration challenging the validity of the approval of building plan made in compliance with the provisions of the scheme – Mandatory injunction to pull down buildings erected in accordance with approved plan – Right of easement of light claimed – No evidence of grant, implied, expressed or by statute – Effect |
| DELANEY V. P. SMITH LIMITED | REAL ESTATE/LAND LAW – LANDLORD AND TENANT:- Trespass to land – When tenant can found same against landlord – Need to prove lawful tenancy – Oral agreement for tenancy – No memorandum to satisfy statute – Clandestine entry into possession by tenant – Forcible ejectment by owner – Whether tenant had rght of tenancy to sue owner for damages in trespass – Law of Property Act, 1925 (15 Geo. 5, c. 20), s. 40. |
| DELE V. ADELALU DELE V. ADELALU | LAND LAW:- Declaration of title -Judge holding that plaintiff has proprietary interest in land but not enough to attract a declaration – Proper order to make. |
| DIBIAMAKA V. OSAKWU | LAND LAW:- Declaration of Title – Forfeiture – Trespass – Injunction restraining same. |
| DICKSON V.SOLICITOR-GENERAL, PLATEAU STATE | LAND LAW:- Certificate of Occupancy – Right of occupancy or possession – Onus of proof – Land Tenure Law (Cap. 59) Laws of Northern Nigeria. |
| DIMBRIWE SILLI V. YOILA MOSOKA | |
| DIOKPA V. NNANDO | LAND LAW:- Ingredients for a successful claim for declaration of title to land – Minimum guidelines for land actions in customary court – Necessity for proof of boundaries |
| DISTRICT BANK LTD. V. WEBB | REAL ESTATE AND PROPERTY LAW:- Mortgage – Summons for possession – Claim by third party to be entitled to possession – Hearing in open court – R.S.C., Ord. 55, r. 5A – How treated |
| DODDS V. WALKER | LAND LAW/REAL ESTATE:- Landlord and Tenant – Business premises (security of tenure) – Application for new tenancy – Statute requirement as to time of giving ‘Notice to quit served’ and Tenant’s application – Matters arising therefrom – section 29 (3) of the Landlord and Tenant Act 1954 in review |
| DODO DABO V. ALHAJI IKIRA ABDULLAHI | LAND LAW:- Certificate of occupancy – Presumption raised thereby – Whether party who failed in pleading his root of title can rely on acts of possession |
| DOMINIC ONUORAH IFEZUE V. LIVINUS MBADUGHA & ANR | |
| DR. A.A. AZIE V. COMMISSIONER OF LANDS, EASTERN REGION | REAL ESTATE/LAND LAW: Leases – Crown Land – Effect of breach of covenant in a building lease – Relief subject to demolition – Whether there is equity for allowing unapproved building to stand REAL ESTATE: Crown Lands – Building Leases – Whether there is relief against forfeiture for breach of covenant |
| DR. BENJAMIN OHIAERI V. ALHAJI B. I. YUSSUF & ORS | REAL ESTATE/LAND LAW – SALE OF LAND:- When a purchaser is deemed to have acquired an equitable interest strong enough as to found an order for Specific Performance of other terms envisaged under the agreement – Necessity for possession, actual or constructive – Whether continuing possession of property by vendor after is constructive possession by buyer REAL ESTATE AND LAND LAW – AGREEMENT FOR SALE OF LAND – POSSESSION:- Rule that where there is an agreement for sale of land either under native law and custom or any other mode of sale and for which the purchaser, acting within the terms of the agreement, makes full or part payment of the purchase price to the vendor and is in furtherance thereof put in possession, he has acquired an equitable interest in the property and which interest ranks as high as a legal estate and cannot therefore be overridden by a subsequent legal estate created by the same vendor or his legal representative in favour of another person – Whether possession in that context includes constructive possession |
| DR. CHARLES OLADEINDE WILLIAMS V. MADAM OLAITAN WILLIAMS | REAL ESTATE – LAND LAW:- Lease – Registered lease over a property which recognized that there were tenants on the demised property but the responsibility of ejecting the tenants was placed lessee – Action to eject brought thereunder – Statutory and judicial challenges to action – Relevant consideration |
| DR. KWAZEME OFONDU V. S.E. NIWEIGHA | LAND LAW:- Title to land – Proof of – Efficacy of introduction of title document thereto |
| DR. TOSIN AJAYI V. PRINCE (MRS.) OLAJUMOKE ADEBIYI & ORS | LAND LAW – PUBLIC ACQUISITION OF LAND:- When a cause of action is deemed to accrue under the Public Land Acquisition Law |
| DUDU ADDAH & ORS V. HASSAN SAHI UBANDAWAKI | LAND LAW:- Declaration of title to land – Burden of proof – How discharged |
| E. O. O. FASEHUN V. PHARCO (NIGERIA) LTD | REAL ESTATE:- Landlord and Tenant – Termination of Tenancy – No express provision as to method of termination-Nature of Tenancy to determine required notice. REAL ESTATE – Landlord and Tenant-Action for arrears of rent-Where maintainable. |
| E. R BANKOLE AND ORS. V. LAMIDI TAPO | LAND LAW: Passage of title under customary law – Exception to the rule that the property of a man acquired under customary law becomes family property on his death |
| EDET OFFIONG EKPE V. THE STATE | |
| EDWIN CHUKUDULUE UDENGWU V. SIMON UZUEGBU | LAND LAW:- Family land – Challenge of sale – Whether can only be made by a member of the family and not an outsider |
| EDWIN IKHINMWIN & ANOR V. PRINCE FRIDAY ELEMA & ORS | LAND LAW – DECLARATION OF TITLE TO LAND:- Whether previous judgment can constitute basis for finding ownership and possession in an action for declaration of title to land |
| EFFANGA V. EFFANGA | LAND LAW – ONUS OF PROOF OF TITLE TO LAND: Onus of proof – On whom lies – Whether plaintiff has the initial onus to show a prima facie case of his root of title to the land in dispute before a consideration of the weakness of the respondent’s case LAND LAW – DECLARATION OF TITLE TO LAND: When the state of the pleadings makes it clear that the main issue in the claim revolves on the ownership of the land in dispute, trespass to land and injunction – Whether automatically puts the root of title at issues |
| EHWRUDJE V. WARRI LOCAL GOVERNMENT & ANOR | LAND LAW – EXCLUSIVE CLAIMS – POSSESSION AND TRESPASS/INJUNCTION:- Claim for possession on the one hand and damages for trespass and injunction in one suit – Whether mutually exclusive – Where party seeks a claim for injunction and possession in one suit – Whether defeated – Duty of court to ensure substantial justice |
| EKINE EZE AND OTHERS | LAND LAW:- Trespass to land – Trespass by several persons acting in concord – Proper order – Whether liability joint and several |
| EKO ODUME & ORS V. UME NNACHI & ORS | |
| EKPENDU V. ERIKA | LAND LAW:- Family land – Sale of by a member without the consent of head of family – Validity |
| EKPEZU V. NDEM | REAL ESTATE – LAND LAW:- Estoppel per rem judicatam -Conditions precedent to valid plea of. |
| EKPO V. ITA | REAL ESTATE/LAND LAW:- Declaration of title to land–What Plaintiff must prove. – Effect of failure thereto |
| EKPOKE V. USILO | LAND LAW:- Claim for declaration of title to land and recovery of compensation paid to defendant – Relevant considerations |
| EKRETSU AND ANOTHER V. OYOBEBERE AND OTHERS | LAND LAW:- Trespass – Claim for – Whether dependent on a claim for declaration of title – Whether Plaintiff must prove title in all cases -Acts of ownership – When can warrant inference of exclusive ownership – “Ownership” and “Possession” used interchangeably – Propriety of – Trespass to land – Who may bring action thereon – Exclusive possession – Incidents of – What a party need prove. |
| EKUN AND ORS V. BARUWA AND ORS. | |
| EKWEZE V. ENWELUM | LAND LAW -DECLARATION OF TITLE:- Whether Court can make a declaration over an undefined area of land in dispute – Elements of proof required to succeed in a claim for injunction LAND LAW – TRESPASS:- Alleged removal of pillars from land in dispute – Criminal connotation of allegation – Need to prove same |
| ELABANJO V. ALHAJA A. O TIJANI | LAND LAW:- Trespass to land – How proved – Where dispute is between original vendor and acknowledged buyer as to identity of land conveyed – Relevant considerations |
| ELABANJO V. DARLINGTON | LAND LAW:- Trespass-.and-Real issue between parties – Whether land in dispute was relative to original conveyance of respective parties – Difficulty to be solved by causing composite plan to be prepared by expert independent surveyor |
| ELAKHAME V. OSEMOBOR | LANDLORD AND TENANT:- Lease – Tenancy at will – When does it arise – How created – Whether can be a Trespasser LANDLORD AND TENANT:- Failure of tenant to acknowledge landlord’s title – Effect LANDLORD AND TENANT:- Squatter – Who constitutes – Position thereof in law |
| ELDER OGBONNAYA ONWUCHEKWA & ANOR V. CHIEF PETER CHUKWU ONWUEGBU & ORS | REAL ESTATE/LAND LAW:- Dispute as to title to community land – Defence of estoppels per rem judicata – How established – Where same piece of land is named differently by opposing communities – How resolved |
| ELEAZOR OBIOHA V. INNOCENT IBERO & ANOR | |
| ELEBUTE V. ODEKILEKUN | LAND LAW:- Declaration of title to land – Effect of bad procedure adopted by judge on a successful claim |
| ELECHI V. NWOSU | LAND LAW:- Declaration of title – Declaration sought by one community – Court granting declaration to representative of another – Propriety of. LAND LAW:- Trespass – Damages for – Whether a tenant in possession can sue his Landlord for trespass. LAND LAW:- Trespass – Nature land proof of. LAND LAW:-Trespass – Whether tenant can sue landlord therefor |
| ELEM V. UGWUBA | LAND LAW:- Declaration of title – Grant of same on weight of evidence |
| ELEMCHUKWU IBATOR V. CHIEF BELI BARAKURO | |
| ELEPO V. OGANLA | LAND LAW:- Establishment of title by traditional history – Whether relative age of claimants and witnesses is relevant – Effect of previously unsuccessful action regarding land |
| ELF NIGERIA LIMITED V. OPERE SILLO AND ANOTHER | |
| ELI OYAH & ANOR V. VINCENT W.O. IKALILE & ORS | LAND LAW – TRESPASS TO LAND: Who can maintain an action in trespass |
| ELIAS V. ALHAJI SULEIMON | LAND LAW:- Claim for declaration of title – Damages for trespass – Injunction Evidence – Onus of proof |
| ELIAS V. OMOBARE | LAND LAW:- Declaration of title to land – Survey plan – Essence of – Devolution of title – Effect of – contradictory traditional history – How resolved LAND LAW:- Declaration of Title to Land: Land to which declaration relates – Need for it to be ascertained with certainty – Test – Whether a surveyor taking the record could produce a plan showing accurately the land to which title has been given LAND LAW:- Duty of the plaintiff in a declaration of title to land to produce an accurate plan of the land sought to be declared and serve a copy of such plan on the defendant against whom the declaration is sought to enable him to know the land claimed against him – Effect of failure thereto |
| ELOICHIN (NIGERIA) LTD AND 2 OTHERS V. VICTOR NGOZI MBADIWE | LANDLORD AND TENANT:- Ejectment – Need for prior court order – Ejectment pursuant to a sub-lease – Failure to serve statutory notices and to obtain order of court – How treated |
| ELUFISOYE V. ALABETUTU | LAND LAW:- Declaration of title – Failure of plaintiff to prove title – Onus on plaintiff weakness of defence notwithstanding |
| EMANUEL LADIPO ADEBIYI FRANCIS | REAL ESTATE/LAND LAW:- Sale of land – Agreement of sale not carried out after part payment of price—Purchaser’s right to claim recovery – Building erected on land without knowledge of owner– Maxim of “quid quid plantatur solo, solo cedit” – Proper application of |
| EMEKA NWANA v.FEDERAL CAPITAL DEVELOPMENT AUTHORITY | REAL ESTATE/LAND LAW – OCCUPATION OF PROPERTY BY VIRTUE OF EMPLOYMENT – LICENCEE AND TENANCY:- Nature of legal right acquired by an employee in occupation of a property pursuant to a contract of employment – Whether a licence or tenancy over property – Legal implication – Licensee of property – Whether has no estate in property which can found legal ground to sue employer or landlord for trespass over property |
| EMIRI V. IMIEYEH | LAND LAW:- Identity of land in dispute – Duty on plaintiff to establish – How established – Whether survey plan a sine qua non thereto – Relevant considerations LAND LAW:- “Land in dispute” – Meaning of. |
| EMMANUEL NWAEBONYI V. THE STATE | |
| EMMANUEL T. AYENI and ORS V. WILLIAM ABIODUN SOWEMIMO | LAND LAW:- Family land/property – Partition and Allocation of same – Meaning and distinction – Partition in relation to co-owners and tenants-in-common – Partition made by agreement where all parties are either sui juris or have power conferred on them either by statute or by an instrument – Need for the parties to make assurance inter vivos of each share of the property – Partition in relation to land – Whether a deed is a necessity – Joint tenants – Whether must execute a deed of release LAND LAW:- Allotment of part of family house – Distinction from partition of same – Legal effect |
| EMUEYAN V. UWAGBA | LAND LAW:- Claim for Injunction relating to land – Absence of a plan to situate land identity- Effect of. |
| ENDE V. ADODE | LAND LAW:- Declaration of title to land – Onus on claimant to prove same – Whether proof that deceased predecessor in title was landlord of property amount to proof of title – Relevant considerations REAL ESTATE/LAND LAW – LANDLORD AND TENANT:- Recovery of premises – What Landlord must show – Need to plead same specifically |
| ENE V. CHIEF PAUL BASSEY ETIM | LAND LAW – LEASE: Trespass – Licensee – Meaning of – Whether a person is not a trespasser if he is on land with the permission; express or implied, of the possessor – Right of a lessee to enjoyment of the status of licencee until he disputes the landlord’s title to the land or alienates the whole or part of the piece of land let out to him without the landlord’s consent – Whether where licensee breaches the condition of the license, the landlord will be entitled to an order of forfeiture and re-entry – Relevant considerations LAND LAW – TENANCY:- Court ordered atonement for tenancy – Effect of refusal to comply – Reliefs – Enforceability – Relevant considerations |
| ENIGBOKAN V. AKINOSHO | LAND LAW:- Occupation of premises – Whether under a license or as servant of a tenant – Effect. |
| ENWENA V. UDEMEZUE | |
| ERASTUS OBIOHA V. IYIBO KIO DAFE | LAND LAW – Lease of state land, Leasehold interest in land, Reversionary interest, Tenant at sufferance, Estoppel by conduct, Application of Nemo dat quod non habet |
| EREWA V. IDEHEN | LAND LAW:– Ownership of land – Who can alienate family land |
| ERIMWINGBOVO V. AMAYO | |
| EROKWU V. BOSAH | |
| ESAN V. OLOWA | LAND LAW:-Action for declaration of title, damages and injunction – Previous decision of native court pleaded by plaintiffs – Appeal to Western State Court of Appeal – Whether Plaintiffs Claim cannot be sustained on a plea of estoppel per rem judicata in favour of a defendant who did not raise it – Sections 4755 Evidence Act in review |
| ESI V. CHIEF SECRETARY TO THE FED. GOVT. | LAND LAW:- Claims to determine persons entitled to land compulsorily acquired by Government in Delta Province – Amount of compensation payable therefor – How determined |
| ESIN V. ABASI AND OTHERS | LAND LAW:- Interpretation of Legislation connected with land – pre-1955-Public Lands Acquisition Ordinance, s. 10 and s. 29; Supreme Court Ordinance, s. 11; Native Court Ordinance, s.28 (1) (cap. 185, cap. 211, cap. 142, in the 1948 Laws)-The Supreme Court: (Civil Procedure) Rules, 0.11, in the 1948 Laws |
| ESTMANCO (KILNER HOUSE) LTD V. GREATER LONDON COUNCIL | REAL ESTATE AND PROPERTY LAW:- Vested interest in property – Publicly owned flats sold on long leases and managed through independent nonprofit company – Purchaser of – Right to maintain action to defend nature of interest in/character of property |
| ETIM & ORS V. MR. N.E.O. ETTA & ORS | LAND LAW:- Clan land – Defence of interest therein – How treated |
| ETIM AND OTHERS V. OYO AND OTHERS | LAND LAW:- Action for title to land – Onus of proof as to boundary of land in dispute – Where lies |
| ETITI AND ANOTHER V. EZEOBIBI | LAND LAW:- Declaration of Title – Injunction – Estoppel Per rem judicatam – Acquiescence – Whether applicable in the instant case. |
| ETUWEWE V. ETUWEWE AND ETUWEWE | |
| EVANGELIST JACOB ONAKOVWE KPEKU & ORS. V. CHIEF DOUFA SIBEKENEKUMU & ORS. | REAL ESTATE/LAND LAW – TITLE TO LAND – IDENTITY OF LAND:- Proof of title to land –Identity of land – Whether identity of the land in dispute will be an issue only where the Defendants make it so in the Statement of Defence – Where both parties know the land in dispute – Whether a survey or litigation plan is not necessary |
| EVBUOMWAN V. ELEMA | LAND LAW:- Bini Customary Law – Acquisition of land thereunder – Governing principles. LAND LAW:- Bini Customary Lain – Application for allocation of land – Whether there is a prescribed form. |
| EWA V. ABUNA | LAND LAW:- Declaration of title – “Fee simple,” “Absolute owner” – Distinction LAND LAW – Family property – Partition – Proof of – Whether sufficient to divest family of interest therein. LAND LAW:- Family property – Partition thereof – Sale by family member to another – Whether evidence of. |
| EWULU V. NWANKPU | LAND LAW:- Declaration of title – Plaintiff s evidence in conflict with pleading on root of title – Effect |
| EYESAN V. SANUSI | LAND LAW:– Trespass to land – Death of party during pendency of suit – Application of actio personalis moritur cum persona |
| EZE V. NWAUBANI | LAND LAW:– Trespass to land – What same entails |
| EZEAKABEKWE V. EMENIKE | LAND LAW:- Declaration of title – Whether can be established by evidence of traditional history – p. 92 LAND LAW:- Proof of title to land – Reliance on acts of possession – Section 46 Evidence Act – Condition precedent to application of’- p. 93 LAND LAW:- Declaration of title – Proof of title to smaller portion of land claimed – Effect – pp. 93/94 |
| EZEANYANWU V. MEZE | LAND LAW:- Declaration of title – Onus on Plaintiff to prove exclusive possession |
| EZEKIEL APATA V. JAMES OLANLOKUN & ANOR. | LAND LAW – TITLE TO LAND:- Five ways of establishing title to a disputed land – Traditional Evidence; Conquest; Grant; Sale and Purchase; Prior possession and acts of ownership extending over a sufficient length of time – Where land ownership is claimed under customary law – Whether the best evidence is that of traditional title proved by way of ancestral history of ownership |
| EZEKIEL OKOLI V. MORECAB FINANCE (NIG)LTD |
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES
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