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CASES/JUDGMENTS ON REAL ESTATE AND PROPERTY LAW (7)
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CASES/JUDGMENTS ON REAL ESTATE AND PROPERTY LAW (7)
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| TITLE | MAIN ISSUES |
| MADAM AKON IYOHO V. E.P.E EFFIONG ESQ. | |
| MADAM FUMIKE OJO-OSAGIE V. SUNDAY ADONRI | |
| MADAM JARAWU ADELEKE V. LIADI AJADI ASERIFA | |
| MAIGARI V. BIDA | REAL ESTATE/LAND LAW – LAND DISPUTE – APPLICATION OF ISLAMIC PRINCIPLES:- |
| MAJA V. SULU | LAND LAW:- Declaration of title – Acts of possession – Non cultivation of land – Whether evidence that owner not in possession. LAND LAW:- Declaration of title – Family property – Calling member of family to testify to title – Necessity of. LAND LAW:- Family property – Family made up of two branches – Only a branch executing deed of conveyance – Effect |
| MAJOR S. G. IDAKWO (RTD) V. MALL. ALIYU IBRAHIM & ANOR. | LAND LAW – DOCTRINE OF LIS PENDENS: Meaning and nature of the doctrine of “Lis pendis” |
| MAKANJU AKINYELE & ORS V. REV. JOHNSON ADEBAYO | REAL ESTATE/LAND LAW – ALIENATION OR TRANSFER OF INTEREST OVER A FAMILY LAND:- Requirement for effecting a valid transfer of a family land – What constitutes REAL ESTATE/LAND LAW – PROOF OF TITLE TO LAND – TITLE DERIVING FROM GIFT OR GRANT:- When proof by unbroken traditional history will be required – How proved – Whether witnesses will be enough |
| MAKANJUOLA AND ANOR. MAKANJUOLA FASUGBA V. AJILORE | REAL ESTATE – LAND LAW:- Declaration of title to land – Proof of title |
| MALLAM SAIDU AMORI V. YAKUBU IYANDA | LAND LAW – CLAIMS FOR POSSESSION AND TRESPASS:- Claims for possession and trespass – Whether can only be granted to a party who has proved title to land |
| MANGUT MASHINGIL & ORS V. CHIEF JETHRO M. AKUN & ORS | REAL ESTATE/LAND LAW – DOCTRINE OF LIS PENDES:- Historical application to litigation over land matters and purported disposition of land or real property by any of the parties to the litigation – Whether doctrine prevents effective transfer of rights in any property which is the subject matter of an action pending in court during the pendency in court of the action – Implications for a purchaser of the subject matter vis a vis the right of the winner of the action– Whether such a sale is void ab-initio and no title can be passed to the purchaser REAL ESTATE/LAND LAW – DOCTRINE OF LIS PENDES – CAVEAT EMPTOR:- Meanings – Whether doctrine of Lis Pendes is not the same as caveat emptor – Proper relationship |
| MANN V. AWEDA | |
| MARCUS OPUIYO V. JOHNSON OMONIWARI (DECEASED) | |
| MARTIN NORTEI CODJOE AND OTHERS V. EMMANUEL KWATCHEY AND OTHERS | REAL ESTATE/ LAND LAW:- Declaration of title to land and buildings – Distinction between family and personal land and buildings – Requirements in Native Law and Custom to convert one into the other – How treated |
| MARYLAND ESTATES LTD V. BAR-JOSEPH AND ANOTHER | REAL ESTATE AND LAND LAW – LANDLORD AND TENANT:- – Forfeiture of lease – Arrears of rent – Relief against forfeiture – Relief to be granted if lessee paying into court `all the rent in arrear’- Meaning of `all the rent in arrear’- Whether including sums falling due after service of summons – County Courts Act 1984, s 138(3). |
| MATANMI V. DADA | LAND LAW:– Title to land – reliance on traditional evidence – Trial Judge considering the traditional evidence of ownership and usage given by the parties without rejecting the traditional evidence of the plaintiffs – Whether complies with the principle in KOJO II Vs. BONSIE (1957) 1 W.L.R. 1223. LAND LAW:– Declaration of title to land – Plaintiff pleading a particular root of title – Whether can be allowed at the trial to rely on another root of title, given by the parties, without rejecting the traditional evidence of the plaintiff. |
| MBA ORIE ANOR.V.OKPAN UBA & ANOR | |
| MBANI V. BOSI | LAND LAW/REAL ESTATE:– Proof of title to land – Land held under customary land – Where conditional grant is asserted by person claiming as original owners – Applicable principles LAND LAW:– Proof of Title to land – Claim of acquisition of title to land under customary law grant – Need to prove nature of grant relied upon through any of the 5 ways of proving ownership of land – Whether failure to claim for a declaration of ownership simpliciter and not owner in reversion of the disputed area is fatal to claim |
| MERCHANT BANK OF AFRICA V. OWONIBOYS TECHNICAL SERVICE LIMITED | |
| MERLIN AND ANOTHER V. BRITISH NUCLEAR FUELS PLC | REAL ESTATE:- Diminution of price of real estate due to alleged contamination of premises from a nuclear plant – Whether recoverable as damages against plant operators |
| MICHAEL A. NDIWE V. ANTHONY CHUMA OKOCHA | LAND LAW:- Title to land – Whether appellate court can pronounce on identity of land where issue not raised before it |
| MICHAEL EZENWA V. I.O. OLALEKAN KAREEM | |
| MICHAEL ODUNZE V. NWOLU NWOSU(SC) | REAL ESTATE/LAND LAW:- Land held under customary law – |
| MICHAEL OSU & ORS. V. MICHAEL NWADIALO & ORS. | LAND LAW – OWNERSHIP OF LAND: Methods by which ownership of land can be established |
| MIGLIORE AND OTHERS. V. METAL CONSTRUCTION (WEST AFRICA) LIMITED | |
| MINISTER OF LANDS AND HOUSING V. AYONISHEN FAMILY | LAND LAW:- Compulsory acquisition of land – Delayed payment of compensation – Award of interest by court over compensation awarded – Award for loss of rents and mesne profits – Public Lands Acquisition Law (Western Nigeria) s. 11 |
| MINISTER OF LANDS WESTERN NIGERIA V. AZIKIWE | LAND LAW:- Compulsory acquisition of land – Rejection of claim of one claimant – Whether does not automatically entitle another claimant – Admissibility in Evidence of unsigned plans – Whether Counsel may not attack another claimant’s claim except if by so doing he establishes his client’s claim – Copy of plan wrongly admitted under S.96(1)(e) of the Evidence Act – How treated |
| MISS HELEN EGBUCHE V. MR. PATRICK OKECHUKWU EGBUCHE | REAL ESTATE/LAND LAW:- Duty to prove identity of land – What a claim for damages for trespass presupposes |
| MOGAJI. V. CADBURY NIG LTD. | LAND LAW:- Claim for declaration of title to land – Root of title – Where not in doubt – Whether inference from acts of ownership necessary – Effect of long possession of trespasser – Whether sufficient weapon of offence under native law and custom – Concept of ownership by prescription – Whether known to customary law |
| MOGAJI AND OTHERS. V. CADBURY FRY (EXPORT) LTD. | LAND LAW:- Claim for injunction and damages – Signboard with name thereon erected on land – Effect of |
| MOHAMMED LASAKI V. FARHAM DABIAN | |
| MOJEKWU V. IWUCHUKWU | LAND LAW:- Kola tenancy – Nature of – Nature of interest created thereby – Whether capable of inheritance – |
| MOLADE V. MOLADE | LAND LAW – CONVEYANCE:- Deeds – Ascertainment of parties’ intention – Evidence of acts done thereunder – Purport of |
| MOLAJO V. ALAO | |
| MOMO DABIRI V. CHIEF A.B. GBAJUMO | REAL ESTATE/LAND LAW: Title to land – Whether under native law and custom law or fee simple – Effect thereof |
| MORA V. NWALUSI | LAND LAW:- Declaration of title – Proof of – Onus on Plaintiff LAND LAW:- English rule of prescription – Whether applicable to Nigeria LAND LAW:- Ownership of land – Proof of – Ownership by virtue of conquest – Whether valid LAND LAW:- Possession of adjacent land – Effect- Section 45 Evidence Act – Effect of |
| MORAYO V. OKIADE | REAL ESTATE LAW:- Claim to recover possession – Estoppel by conduct – Acquiescence for five years in adverse possession of land by others who constructed buildings thereon during such possession – How treated |
| MORENIKEJI V. LALEKE ADEGBOSIN | LAND LAW:– Evidence of traditional history – Conflict therein – Rule governing resolution of conflict as stated in KOJO II Vs. BONSIE (1957) 1 WLR 1223 – Resolution of such conflicts on the basis of the credibility of witnesses by the trial court using the phrases “I believe”, “I find as a fact” – Propriety of LAND LAW:– Evidence of traditional history –Supreme Court decisions in Balogun v. Akanji (1988) 1 NWLR (Pt. 70) 301 and Iriri v. Erhorhobara (1991) 2 NWLR (Pt. 252) – Purport of same to the effect that no further proof is required when the evidence of traditional history tendered by a party is held by the court to be conclusive |
| MORIKI V. ADAMU | LAND LAW:– Declaration of title to land – Whether dismissal of plaintiff’s claim confer title on the defendant without a successful counter claim |
| MORINATU V. KASUMU | |
| MOSFREG VENTURES LIMITED V. MINISTER OF INTERNAL AFFAIRS | LAND LAW:– Leases – Whether subleases were in conformity with the terms of the head lease – Effect of non-conformity LAND LAW:– Leases – Subletting and parting with possession – Purport of the decision in WITT & BUSCH LIMITED v. HADJI SULU ALLI-BALOGUN (1963) NSCC 82 in relation to same explained |
| MOSHOOD V. BAYERO | LAND LAW:– Damages for trespass to land – Whether respondent entitled to same where the appellants impliedly admitted trespassing into respondent’s land LAND LAW:– Land in dispute – When can be said to be ascertained with definitive certainty – Applicable test – Kwadzo v. Adjei 10 WACA 274 applied LAND LAW:– Survey plan – Filing of – Whether a sine qua non in a land matter |
| MOZIE V. MBAMALU | LAND LAW:- Family property -Alienation or interference therewith – Who can sue in respect of – Whether consent of family necessary LAND LAW:- Family property -Who can sue to protect same |
| MR AMAKU EFFIONG ENE V. CHIEF PAUL BASSEY ETIM | LAND LAW – LEASE:- Effects on the status of a licensee when he disputes the title of the licensor |
| MR KINGSLEY NWACHUKWU V. MR ULONNAM OKAELU | REAL ESTATE/LAND LAW:- Defence of interest in property owned by a religious body not registered under Part C of the Companies and Allies Matters Act, CAMA – How action may be brought – Relevant considerations |
| MR. AYODELE IGBOKOYI & ORS V. ALHAJI RAHEEM ADETORO LAWAL | REAL ESTATE/LAND LAW – DECLARATION OF TITLE TO LAND:- Duty of claimant/counter-claimant in a claim for declaration of title to land – Whether dismissal of a Plaintiff’s claim for declaration of title automatically confirms title to the same land in dispute in the defendant – Defendant who did not counter-claim for title to land – Whether automatically becomes entitled to the land where plaintiff fails to prove his case |
| MR. EMMANUEL EKPENYONG & ANOR V. MR. JAY OBANYA & ANOR | LAND LAW – TRESPASS TO LAND:- Whether a party is required to prove exclusive possession of land that has been trespassed upon – Effect of failure thereto |
| MR. EMMANUEL MADUIKE V. TETELIS NIGERIA LIMITED | REAL ESTATE AND LAND LAW- LANDLORD AND TENANT – RECOVERY OF PREMISES:– Need to follow Court procedure |
| MR. GHASSAN SAIDI & ANOR V. MR. ALAKE OSAROBO IBUDE | LAND LAW – TITLE TO LAND:- Proof of title |
| MR. LAMIDI RABIU V. MR. TOLA ADEBAJO | LAND LAW:- Clam for declaration of title – Duty on plaintiff thereto |
| MR. OLANREWAJU ADEROUNMU V. MRS. OLABISI OLAIDE ADEROUNMU | LAND LAW:- Establishing title to land – Five established ways of establishing ownership of land in Nigeria – Whether establishment of one out of the five ways is sufficient to grant declaration to ownership |
| MR. P. OGUNYANWO & 4 ORS. V. MS AUGUSTA OLUWOLE | LAND LAW – CUSTOMARY PROOF OF OWNERSHIP OF LAND:– Traditional sale evidenced by a purchase receipt – Whether valid in customary law where coupled with the delivery of possession as proof of ownership LAND LAW – IDENTITY OF LAND:- How can be put in issue – Need for the party raising same to have denied the knowledge of the location of the land in his statement of claim or defence as the case may be – Where the identity of the land was never made on issue at trial – Whether Appellant cannot base any argument on it on appeal – Where there is a dispute as to the area and boundaries of the land and these are put on issue – How satisfied |
| MR. R.O. OGUNDAYOMI V. CHIEF AKINBOLU | |
| MRS. BISI OLALOYE V. MADAM SARATU AKINPELU BALOGUN | |
| MR. SAMUEL ASONIBARE V. MOHAMMED MAMODU & ANOR | REAL ESTATE/LAND LAW – REVOCATION OF RIGHT OF OCCUPANCY:- Power of a Governor to revoke a right of occupancy – Statutory foundation in Section 28 of the Land Use Act – Condition – Need for such revocation to be predicated on overriding public interest or on account of a breach of any term in the Certificate of Occupancy – Procedure for revocation of the right REAL ESTATE/LAND LAW AND PROCEDURE:- Failure to cross examine a vital witness impeaching a party’s claim as to title – Evidence asserting existence and validity of an instrument – Where not challenged – Whether court is entitled to presume an admission of the existence and validity of the exhibit |
| MR. SULEMAN MAITO & ORS V. MADAM YEMISI OGUNBODEDE | REAL ESTATE/LAND LAW – DECLARATION OF TITLE TO LAND:- Claim for declaration title to land, damages as to trespass and injunction based on prior judgment in favour of plaintiff’s interest over land – Burden of proof – Whether is on the party who seeks for a declaration of title – Need to show clearly the area of land to which his claim relates – Whether the onus can be discharged by such oral description of the land that any surveyor acting on such description could produce a plan of the land in dispute – Relevant considerations |
| MR. TOYIN BAJELA OKO-OSI V. MRS. R. I. AKINDELE | LAND LAW AND REAL ESTATE:- Family land – Order of court relating thereto – Duty of parties to obey same – Attitude of court to disobedience thereto |
| MRS. BISI OLALOYE V. MADAM SARATU AKINPELU BALOGUN | REAL ESTATE/LAND LAW – RECITALS IN LAND DEED AND SURVEY PLAN:- Dispute as to title to land – Where recitals in a deed as to identity of land sold is different from land on attached survey plan identifying land under dispute – where land in dispute is within vicinity of land described in recital of deed – Whether oral evidence is admissible to explain disparity – Section 131(1) of the Evidence Act – How treated |
| MRS. CELILIA KANJAL V. MARY IFOP | REAL ESTATE/LAND LAW:- Declaration of title to or ownership over land – Essential elements – onus on plaintiff in order to succeed – Whether failure to prove the identity of the land claimed is fatal to such an action |
| MRS. COMFORT AKINMOSIN V. MRS. AJOKE MAKINDE & ANOR | LAND LAW:– Need to decide land cases on merits – Relevant considerations |
| MRS. FLORENCE O. CARRENA & ORS. V. CHIEF GAFARU AROWOLO & ORS | LAND LAW – POSSESSION:- Constructive possession – Meaning of – Rule that person who has title over a piece of land, though not in de facto physical possession, is deemed, in the eyes of the law, to be the person in possession – Effect LAND LAW – TRESPASS AND POSSESSION:– Claim in an action for trespass to land – Whether presupposes that the Plaintiff is in possession, actual or constructive, of the land in dispute at the time of the trespass and that the trespasser defendant cannot by the mere fact of his entry unto the land secure lawful possession – Claim for recovery of possession – Legal foundation of – Distinction from trespass – Whether claim for recovery of possession postulates that Plaintiff is not in possession at the time of the action but was once in possession – Effect |
| MRS. JARIN ADEGBITE V. CHIEF M. K. OGUNFAOLU & ANOR. | |
| MRS. NURA IDOWU LAYENI & ORS V. MR. TOLULOPE ODEBIYI & ORS | REAL ESTATE/LAND LAW:- Claim challenging sale of property and for damages and other sundry reliefs – Relevant procedural issues – How treated |
| MRS. RONKE OMIYALE V. MOBOLAJI MACAULAY & ORS | REAL ESTATE/LAND LAW – DECLARATION OF TITLE TO LAND: Reliance on existing judgment – Need for judgment relied on to make an award against a party to qualify as estoppel per rem judicatum – conditions that must be satisfied for a judgment to so qualify REAL ESTATE/LAND LAW – CERTIFICATE OF OCCUPANCY:- When a Certificate of Occupancy under the Land Use Act is t be held valid – Need for there not to be in existence at the time the certificate was issued, a Statutory or Customary owner of the land in issue or dispute who was not divested of his legal interest to the land prior to the grant REAL ESTATE/LAND LAW – CERTIFICATE OF OCCUPANCY:- Where a Certificate of Occupancy has been granted to one of two claimants who has not proved a better title – Proper treatment of – Whether Certificate must be deemed to be defective or to have been granted or issued erroneously and against the spirit of the Act and thus affords holder no legal basis for a valid claim over the land in dispute REAL ESTATE/LAND LAW – CERTIFICATE OF OCCUPANCY:- Whether does not confer legal right to possession where such possession, was procured following acts of trespass – Whether possession cannot be properly and validly secured by an act of trespass or acquisition of a Certificate of Occupancy procured after this trespass |
| MUDA ANWOYI & ORS V. JOHN BANKOLE SHODEKE & ORS | LAND LAW – DECLARATION OF TITLE TO LAND:- Action for declaration of title to land – When plaintiff is deemed to have failed |
| MUHAMMED OJOMU V. SALAWU AJAO | LAND LAW:- Customary tenancy or leasehold – Nature, status, and incidents – Legal effect |
| MUMFORD HOTELS LTD. V. WHELER AND ANOTHER. | REAL ESTATE – LANDLORD AND TENANT – Covenant – Insurance – Tenant to pay “insurance rent” – Landlord to insure – Whether implied covenant to reinstate – Whether obligation to insure for mutual benefit |
| MUNZALI AHMADU DANTATA V. ABDULKADIR SANUSI DANTATA | LAND LAW:– Registrable instruments – Failure to register a registrable instrument under section 15 of Land Instrument Registration Law Cap 58 Laws of Northern Nigeria 1963 – Effect of – Whether instrument capable of transferring an equitable interest |
| MUSA UMARU KASA V. THE STATE | |
| MWANA V. GOMWALK | REAL ESTATE:- Access road to property – Application for an order of interlocutory injunction preventing the erection of any structure on property covered by C of O No BP4377, pending the determination of main suit – How treated |
| N.A. WILLIAMS & ORS. V. HOPE RISING VOLUNTARY FUNDS SOCIETY | LAND LAW AND PROCEDURE:- Claim for damages in trespass and injunction – Judgment obliged in alleged absence of defendant – Application for the exercise of court discretion to set aside judgment and afford opportunity to defendant to try case on its merit – What applicant must show – Relevant consideration |
| N.B.N LTD. V. P.B. OLATUNDE AND CO. LTD | |
| N.I.P.C. LTD. V. B.W.A. LTD. | LAND INSTRUMENT:- Memorandum to execute legal mortgage – Non registration of – Admissibility of in evidence – Section 15 Land Registration Act LAND INSTRUMENT:- Registration of – Land Registration Act – Purpose of LAND INSTRUMENT:- Unregistered – Admissibility of in evidence |
| N.O. MOTANYA AND OTHERS V. ELIJAH ELINWA AND OTHERS | LAND LAW:- Declaration of title – Boundary of land in dispute not in issue between the parties – Whether court is still hound to make finding of fact in respect thereof |
| NADI V. OSENI | LAND LAW:– Grant of statutory right of occupancy to persons in urban and rural area – Whether lawful under the Land Use Act 1978 LAND LAW:– Land law – Certificate of occupancy – What it entails LAND LAW:– Land Use Act 1978 – Types of occupancy available under same |
| NAKYAUTA V. MAIKONA AND ANOTHER. | LAND LAW:- Certificate of Occupancy – Restrictive covenant as to alienation by sale, mortgage, sub-lease, transfer of possession or bequest – Consent |
| NANGIBO V. OKAFOR AND ORS. | REAL ESTATE/LAND LAW:- Deed of assignment – Cancellation of – Who can seek REAL ESTATE/LAND LAW:- Expropriatory statute – How construed |
| NASR V. BOUARI | |
| NASR V. ROSSEK | LAND LAW:- Claim for order of rectification of Register of Title – Fraudulent conduct of agent given Power of Attorney – Fiduciary nature of power of Attorney |
| NASR V. B. BEIRUT-RIYAD NIG. BANK LTD. | |
| NASSAR AND SONS NIGERIA LTD V. LAGOS EXECUTIVE DEVELOPMENT BOARD | LAND LAW:- Compulsory acquisition – Compensation payable – Calculation of – Lagos Town Planning Ordinance |
| NATHANIEL OCHIGBO V. IDI UMORU | LAND LAW – IDENTITY OF LAND:- Whether a defendant who puts the identity of land in dispute in issue must successfully contradict the plaintiff’s survey plan |
| NATIONAL BANK OF NIGERIA AND ANOR V. LADY AYODELE ALAKIJA AND ANOR | REAL ESTATE/LAND LAW:- Administration of estate – Leasing of property under administration – Rights of heir of deceased administrator/trustee of an estate to lease out property under the estate – How treated |
| NATIONAL HOME LOANS CORP PLC V. GIFFEN COUCH and ARCHER (A FIRM)[ | |
| NDOMA-EGBA V. CHUKWUOGOR | LAND LAW:- Deserted Property – Whether means abandoned property within the ambit of Section 3 of Edict No. 10 of 1970 LAND LAW:- Deserted Property (Control and Management)(South – Eastern State) Edict No. 10 of 1970 – Relevance of the question of animus revertendi and agency in respect thereof. LAND LAW:- Procedure laid down by a statute for divesting a citizen of his property -Need to strictly adopt the procedure |
| NDUBOKWU V. CHUKWUMA | REAL ESTATE/LAND LAW:- Claim for declaration of land – Relevant evidence – Evidence tending to show ownership act in a part of the land – Admissibility of |
| NEW NIGERIA BANK LIMITED V. MATTHEW BAZUNU | LAND LAW:- Lis pendens – Alienation of land the subject matter of an action – Legal effect of the transaction |
| NGOKE V. ADOKI | LAND LAW:- Customary tenure – Rights of Customary tenants LAND LAW:- Customary tenure – When an overlord will be entitled to a declaration of title, but not to possession |
| NGWO V. MONYE | LAND LAW:- Claim for Declaration of Title to land –Subsequent Supreme Court judgment obtained by not showing the existence of a earlier but contrary one – Bindingness of decision given per incuriam – Whether Court not bound to apply principle of stare decisis. |
| NIDOCCO LIMITED V. MRS. I. A. GBAJABIAMILA | REAL ESTATE/LAND LAW:- Contract for sale of land – Failure to pay the purchase price – Whether constitutes a fundamental breach which goes to the root of the contract and upon which the Court cannot decree specific performance |
| NIGERIA DEPOSIT INSURANCE CORPORATION V. UNION BANK OF NIGERIA PLC. & ANOR | REAL ESTATE/LAND LAW:- Mortgaged property of debtor under provisional liquidation – Right of sale – When exercise thereof can be challenged – Right of liquidator to maintain separate suit regarding same property from suit initiated by debtor in liquidation – Relevant considerations |
| NIG. HOUSING DEV. SOCIETY LTD AND ANOTHER V. MUMUNI | LAND LAW:- Mortgage – Banking Transactions – Power of Sale – Right of Mortgagee to exercise after arrears of instalments are paid – If acceptance of arrears constitutes waiver of power of sale |
| NIGERIA ENGINEERING WORKS LTD V. DENAP LIMITED | LAND USE ACT:– Federal Military Government (Supremacy and Enforcement of Powers) Act Cap. 137 Laws of the Federation of Nigeria 1990 – Whether applicable to the Land Use Act LAND USE ACT:– Powers conferred on State Governors under the Land Use Act – Nature of. LAND USE ACT:– Section 5(2) of the Land Use Act 1978 – Purport of – Limitations on application of same |
| NIGERIA SALT COMPANY LIMITED | |
| NINGI V. KATSINA | LAND LAW:- Declaration of title to land – When barred by the Islamic law principle of hauzi. LAND LAW:- Possession of land – Prescription (hauzi) under Islamic law – When it arises. LAND LAW:- Title to land – Acquisition by possession under Islamic law – When it arises. |
| NJOKU V. EME | LAND LAW:- Declaration of title – Damages for trespass – Injunction |
| NKADO V. OBIANO | LAND LAW:- Declaration of title – Claim based on traditional history – Pleading averring that land held from time immemorial – Meaning of “from time immemorial” LAND LAW:-Declaration of title -Onus on plaintiff to succeed on strength of his case LAND LAW:- Declaration of title -Where claim based on acts of possession – How proved -Extent and limitation of claim LAND LAW:- Declaration of title to land – Claimant therefor relying on traditional history – What he needs plead and prove |
| NKAMA V. UKA | LAND LAW:- Declaration of title – Plaintiff failing to prove exclusive ownership – Failure to prove identity of land claimed – Effect |
| NKANU AND OTHERS. V. ONUN AND OTHERS. | LAND LAW:- Declaration of Title – Damages for Trespass – Injunction – Traditional History as root of title – Res Judicata – When arises |
| NKUMA V. ODILI | LAND LAW:- Compensation for land used for oil exploration – Claim therefor – Whether exclusive jurisdiction of Federal High Court – Whether State High Court can entertain. LAND LAW:- Compensation, for land – Claim therefor – Whether synonymous with claim for declaration of title to land – Whether claimant must prove title. |
| NKWOCHA V. GOVERNOR | LAND USE ACT – Succession by civilian Governor to property rights and powers of Military Governor – Interpretation of Sections 274 and276 of the 1979 Constitution thereof – Hybridity of Land Use Act – Existing law, not integral part of the 1979 Constitution – Application of Section 9 of the Constitution for amendment of Land Use Act -Scope of Section 259(3) of the Constitution – No reference of purely academic question – Principle of interpretation – Ordinary meaning principle applied. |
| NMEREGINI V. P H MUNICIPAL COUNCIL | LANDLORD AND TENANT:- Allotment of a stall in a market – Whether a relationship of landlord and tenant exists LANDLORD AND TENANT – Licensee and licensor – Whether licensee can sub-let where there is provision in agreement against sub-letting. |
| NNABUIHE AKOMA EKPO V. CHUKWUEMEKA UKAONU & ORS | REAL ESTATE/LAND LAW – TITLE TO LAND:– Various ways by which title to land is derived – Where title to land is derived by either grant, sale, conquest or inheritance – Need for the pleadings to reflect the person who founded the land and who exercised original acts of possession and ownership – Effect of failure thereto REAL ESTATE/LAND LAW – TITLE TO LAND:– Where a party in a claim of title to land pleads purchase or gift as his root of title – Whether he can turn round to rely on acts of possession or acts of ownership if unable to prove the purchase or gift |
| NNAYELUGO SAMUEL SAMPSON 1 BOSAH & ORS V. PIUS OJI | LAND LAW – CERTIFICATE OF OCCUPANCY:- Commencement date of Certificate of Occupancy LAND LAW – LEASE: Conditions for validity of a lease |
| NTA AND OTHERS. V. ANIGBO AND ANOTHER. | LAND LAW:- Declaration of boundary – Representative capacity – order IV Rule 3 Eastern Nigerian High Court Rules – Authorization of parties. |
| NTOE ANDREW ANSA AND OTHERS V. CHIEF ASUQUO ARCHIBONG ISHIE | REAL ESTATE/LAND LAW:- Declaration of title – Where claim therefor based on traditional history and acts of long possession and ownership – Burden on plaintiff – Nature of evidence required to sustain the claim REAL ESTATE/LAND LAW:- Declaration of title and injunction – Onus on plaintiff claiming – Need to prove dimension and area of land REAL ESTATE/LAND LAW:- Right of occupation – Customary right of occupancy – When deemed granted |
| NWABISI V. IDIGO II | LAND LAW:- Claim for declaration of title – What plaintiff must prove – Identity of land – Need for same to be ascertainable – Party proving identity of less than claimed – Effect. LAND LAW:- Ownership of Native Land – How acquired – Declaration of title – Party proving less than claimed – Effect |
| NWABISI V. IDIGO | LAND LAW:- Declaration of title – Proof of – On whom onus lies LAND LAW – Declaration of title – Traditional evidence – Where inconclusive – Effect of |
| NWABUOKU V. ONWORDI | |
| NWABUOKU V. OTTIH | LAND LAW:- Land Instrument – Document acknowledging loan agreement – Whether a land instrument |
| NWACHUKWU V. ABABA | LAND LAW:- Claim by rival parties – Declaration of title – Damages for trespass and injunction – Parties front Common Ancestors |
| NWADIKE AND OTHERS V. IBEKWE AND OTHERS. | LAND LAW:- Declaration of Title – Absence of defence – Failure of defence to claim – Distinction and effect – Standard of proof required |
| NWADIOGBU V. NNADOZIE | LAND LAW:– Claim for trespass and injunction – where title is in issue – Onus on plaintiff to prove ownership and/or exclusive possession. LAND LAW:– Declaration of title to land – Onus on plaintiff to succeed on the strength of his own case and not on the weakness of defendants case LAND LAW:– Declaration of title to land – Origin of title of vendor/grantor – Whether plaintiff should plead and prove same |
| NWAGBOGU V. IBEZIAKO | LAND LAW:- Declaration of title – Effect of discrepancy in survey plans presented by plaintiff and defendant LAND LAW:- Declaration of title – Onus on Plaintiff- When weakness of the defendant’s case could strengthen plaintiff’s case – How determined |
| NWAELE V. ONWUMERE | LAND LAW:- Claim for trespass and damages – Land dispute between parties – Settlement by community prior to institution of proceedings – Attempt by plaintiff to resile from settlement – Effect of |
| NWAGWU V. OKONKWO | LAND LAW:- Pledge of land – Whether land redeemable no matter how long pledgee has been in possession |
| NWAJEI V. ASIEKWU | LAND LAW:- Declaration of title – Grant of without ascertaining extent of land being adjudicated upon – Whether proper |
| NWAJUEBO V. ALABUA | LAND LAW:- Claim for declaration of title – Injunction – Visit of Customary Court to locus in quo – Where Customary Court dismissed plaintiffs claim on grounds of res judicata – How treated on appeal |
| NWALI NNABO V. THE STATE | |
| NWIZIGHA V. OKOSISI | LAND LAW:- Declaration of title in favour of parties who have not asked for it – Propriety of. LAND LAW:- Declaration of title – Defendants found not to have an interest – Whether they can object to form of the declaration sought |
| NWIZUK V. ENEYOK | LAND LAW:- Claim for declaration of title – Duty on plaintiff to prove case – Visit to locus in quo – Admission made to judge during visit by parties/witnesses as to the falsity of evidence given on oath – Whether can be countenanced in court’s final decision without recalling witnesses |
| NWOBOSI V. AFRICAN CONTINENTAL BANK LIMITEDN | |
| NWOGEM V. NZEKWU | LAND LAW:- Claim for recovery of Possession – Acquiescence by crown – Effect |
| NWOGO V. NJOKU | LAND LAW:‑ Claim for declaration of title, trespass and injunction ‑ Failure of claim for title and injunction ‑ Whether trespass still sustainable. LAND LAW:‑ Customary tenancy ‑ Injunction against customary tenant ‑Whether it can lie prior to forfeiture |
| NWOKE V. OKERE | LAND LAW:- Declaration of title -Native Court granting to a party – Whether High Court can subsequently grant afresh declaration of title on same piece of land to that party LAND LAW:- Declaration of title – Party seeking -What he must show |
| NWOKEDI AND ANOTHER. V. C.O.P. | |
| NWOKELEKE V. OSELE | LAND LAW:- Declaration of title – Burden of proof on claimant LAND LAW:- Presence of a party on land- Inferences to be drawn as to nature of his interest |
| NWOSU V. OTUNOLA | LAND AND TENANT:- Action for recovery of possession of premises, for mesne profits, and for injunction – Where outbreak of civil war interrupted plaintiff’s possession – Defendant claimed purchase of land from plaintiff’s agent with consent of Ojora Chieftaincy Family – Plaintiff non-suited for failure to call Ojora Chieftaincy Family as witness – Appeal of—Whether Failure to call Ojora Chieftaincy Family not fatal to plaintiff’s case – Plaintiff entitled to succeed. |
| NYAMBI V. OSADIM | |
| NZEKWU V. NZEKWU | REAL ESTATE/LAND LAW:- Land Law- Claim for recovery of possession – Plaintiff in possession – Wrongful entry and ouster by defendant – Claim for injunction |
| O. OGUNMOLA V. HODA EIYEKOLE | REAL ESTATE/LAND LAW – LANDLORD AND TENANT:- Customary law tenancy – Claim for forfeiture – Where evidence shows that customary law tenant had denied the title of the overlords or landlords – Whether an act of misconduct which attracts the penalty of forfeiture REAL ESTATE/LAND LAW – LANDLORD AND TENANT:- Customary law – Payment of a RENT instead of a TRIBUTE – Whether not indicative of the existence of landlord-tenant relationship – Whether the fact that a tenant pays rent is no licence for misconduct or a licence to deny the landlord’s title |
| OBA AFOLAYAN ABIOYE V. OBA FELIX ABIDOYE | LAND LAW:- Whether forfeiture and recovery of possession are automatic- Nature of statutory reliefs in relation to title to land – Whether tenants who are lawfully on the land as customary tenants cannot be found liable in trespass |
| OBA JAMES ADELEKE & ORS. V. NAFIU ADEWALE LAWAL & ORS. | LAND LAW – IDENTITY OF LAND:- Description or identity of land in dispute – How established – Whether filing of a survey plan is not a necessity or a sine qua non in all cases- Whether an application for an interlocutory injunction in circumstances of uncertainty or a lack in the definiteness of the land is premature being a matter for the substantive hearing of merits of the case – Justification of |
| OBAJINMI V. A.G, IN RE OJEDELE V. A.G | REAL ESTATE/LAND LAW:- Land acquisition – Claim for compensation – Where liability in principle to pay not denied but payment made to wrong person – Petition of right where made under wrong procedure – Effect even if defendants not objecting |
| OBASI AND ORS V. OTI AND ANOR | |
| OBASI V. EBENUGWU | LAND LAW:– Proof of ownership of land- Whether production of title document is tantamount to ownership of property |
| OBANOR V. OBANOR | LAND LAW:- Damages for trespass and injunction refusal to grant injunction – No declaration of title – Assessment of damages |
| OBASOHAN V. OMORODION | LAND LAW:– Customary law- Whether rule of survivorship is applicable to customary law. LAND LAW:- Customary law – Joint acquisition of property – Whether creates joint tenancy as known by common law LAND LAW:- Customary law – Whether qualifies as an existing law under s.48 of the Land Use Act 1978 |
| OBENG AKESSE V. ODIKRO TAKIE ABABIO. | REAL ESTATE/LAND LAW:- Title to land – Cross actions for declaration of title and injunction consolidated – Weight of evidence — Duty of Appeal Court – How treated |
| OBIAMALU V. NWOSU | LAND LAW:- Declaration of title to land – Damages for trespass and injunction |
| OBIJIAKU V. OFFIAH | LANDLORD AND TENANT:- Arrears of rent – Mesne profits – Meanings of and distinction between LANDLORD AND TENANT:- Tenancy – Duration and term – How determined |
| OBIJURU V. OZIMS | LANDLORD AND TENANT:- Agreement for a lease not registered, section 15, Lands Instrument Registration Law Cap. 7Z Eastern Nigeria – Effect of – Status and nature of interest of the lessee in such cases |
| OBIMONURE V. ERINOSHO | REAL ESTATE/LAND LAW:- Declaration of title under customary law – Appeal from judgment of customary court – When heard without serving one party to the proceedings – Competency |
| OBIOHA V. IBERO | |
| OBISANYA V. KWOKO | LAND LAW:- Action for declaration of title to land for damages, possession and injunction – Where Defendants claiming ownership through sale under native law and custom – Dispute as to original owner – How resolved |
| O’CEDAR, LIMITED V. SLOUGH TRADING COMPANY, LIMITED. | REAL ESTATE/LAND LAW:- Landlord and Tenant – Lease – Implied Covenant – Derogation from Grant – Interference with User of demised Premises – Use of adjoining Premises so as to render increased Fire Insurance Premium payable – How treated |
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES
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