CASES/JUDGMENTS ON REAL ESTATE AND PROPERTY LAW IN NIGERIA (2)
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CASES/JUDGMENTS ON REAL ESTATE AND PROPERTY LAW IN NIGERIA (2)
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| TITLE | MAIN ISSUES |
| AJEJA V. AJAYI | |
| AJENIFUJA V. SALAKOH | REAL ESTATE/LAND LAW:– Registration of title – Identity of land uncertain -Effect. |
| AJIBADE V. IBIRONKE PEDRO | REAL ESTATE/LAND LAW:– Land instrument – Party hindering registration of by entering caveat at Lands registry – Whether can later object to admissibility of document for non-registration. |
| AJIBONA V. KOLAWOLE | REAL ESTATE/LAND LAW:– Limitation law in land cases – Knowledge on part of plaintiff that defendant has taken possession of land – Whether a condition precedent to application of limitation law. |
| AJIBOYE V. ISHOLA | REAL ESTATE/LAND LAW:– Title to land – Ways of proving and mode of acquisition of title. REAL ESTATE/LAND LAW:– Declaration of title to land – Duty on Plaintiff in an action for same. |
| AJIDAGBA V. ODENEYE | REAL ESTATE/LAND LAW:– Declaration of title – Averment of ownership – Whether sufficient averment of possession REAL ESTATE/LAND LAW:– Declaration of title -Setting up title not pleaded -Propriety of |
| AJIFERUKE V. AKERELE | REAL ESTATE/LAND LAW:– Declaration of title – Plaintiff’s conveyance later in time than defendant’s – Nature of burden on plaintiff |
| AJILOWURA V. DISU | LAND LAW AND REAL ESTATE:- Claim for a Declaration to set aside deed of gift of land as null and void and of no effect – Challenge of the locus of claimant to bring suit – How resolved |
| AJISHOMO V. OJIKUTU | REAL ESTATE/LAND LAW:– Family property – Occupation of and collection of rents thereon – Whether evidence of exclusive ownership – Partition of family property – When court will so order |
| AJOKE V. AMUSA YESUFU OBA | REAL ESTATE/LAND LAW:- Specific Performance – Claim for Order setting aside sale of land by vendor to third party and for Specific Performance of earlier contract in favour of Plaintiff – Relevant considerations |
| AJOSE V. AGUSTO | REAL ESTATE/LAND LAW – TENANCY:– Landlord and Tenant – Title to land – Magistrate’s Court – Jurisdiction – Question of title to be raised bona fide – Tenant disputing rnesne landlord’s title – Tenant being threatened by eviction by overlord of land – For tenant to succeed the overlord must have good title to eject and den Land to exercise that right. |
| AJOSE V. HARWORTH | LAND LAW/REAL ESTATE:- Title to land – Alienation – Sale by person not having legal estate – Subsequent sale by mortgagor of Legal estate – Effect |
| AJUWA V. ODILI | REAL ESTATE/LAND LAW:– Trespass – Fishing rights – Plaintiff alleging ownership of lands surrounding disputed lake and possession and use of lake by his family from time immemorial – Plaintiff’s traditional evidence rejected as unreliable – Plaintiff failing to prove better right to possession |
| AKANBI V. SALAWU | REAL ESTATE/LAND LAW:– Customary Land Law – Oral history recounted by witness when same was not pleaded – Whether admissible in evidence. REAL ESTATE/LAND LAW:– Customary tenancy – Payment of tribute – Preconditions for valid proof of. REAL ESTATE/LAND LAW:– Customary title to land – Traditional history recounted by one party – How sustained REAL ESTATE/LAND LAW:– Customary title to land based on oral history – How proved. |
| AKANDE AND ANOTHER. V. AKANDE AND OTHERS | REAL ESTATE/LAND LAW:– Accountability of agent – Family suing for account of monies received from dealings with family land by defendant family member as agent of co-defendant, family head – No allegation by plaintiffs that defendant a trustee for family – Whether Defendant accountable to them. |
| AKANDE V. ALAGBE | REAL ESTATE/LAND LAW:– Declaration of title to land – Action for trespass |
| AKANDE V. ARAOYE | |
| AKANDE V. AWERO AND ANOTHER | REAL ESTATE/LAND LAW:– Recovery of possession of land – Parties relied on title partitioned pursuant to Court order. |
| AKANJI SOMORIN & ORS V. OBA NURUDEEN ADEKANBI & ORS | REAL ESTATE/LAND LAW – TRESPASS:- Whether slight disturbance of possession of land constitutes trespass |
| AKANO V. OLUKU | REAL ESTATE/LAND LAW:– Claim for trespass – right of a counter-claimant – whether counter claimant in exclusive possession of land in dispute have the right to sue for trespass REAL ESTATE/LAND LAW:– Proof of title – when can a party be said to be in possession of a land in dispute. |
| AKANO V. OKUNADE AND OTHERS | REAL ESTATE/LAND LAW:– Claim for declaration of title – Recovery of possession – Mesne profits – Grants of farmland under customary law – Grantee and brother farmed on the land – Grantee’s caretaker dispossessed in Grantee’s absence |
| AKAPO V. HAKEEM-HABEEB | REAL ESTATE/LAND LAW:– Family property – Control and management of – Head of family – Functions in relation thereto – Scope of – Whether exercisable by another person or persons |
| AKEJU V. SHONIBARE | REAL ESTATE/LAND LAW:– Landlord and Tenant-Recovery of Premises — Notice of intention to recover possession wrongly stating date on which tenancy was determined – Whether of any legal effect – Recovery of Premises Act in review |
| AKERELE V. ATUNRASE | |
| AKIBU AND ORS. V. AZEEZ AND ANOR. | REAL ESTATE/LAND LAW:– Possession – Right of a person in possession of land against the whole world except the true owner – Trespass and injunction – Whether a person not in possession of land and who has no title to the land can sue for trespass and injunction |
| AKIBU V. OPALEYE. | REAL ESTATE/LAND LAW:– Claim for declaration of title Damages for trespass Injunction Mortgaged property Sale of property Court failed to evaluate evidence of long possession, lathes or acquiescence Trial Court found for plaintiffs Appeal Trial court judgment reversed |
| AKIN ALLEN V. ALHAJI J. A. ODUBEKO | REAL ESTATE/LAND LAW:– Declaration of title – Whether can be granted to or divested from persons not parties to a proceeding |
| AKIN ADEJUMO V. AYANTEGBE | REAL ESTATE/LAND LAW:- Alienating title in family land – Setting aside a sale of land – Difference between a void and voidable sale |
| AKIN OLUGBADE V. ONIGBONGBO COMMUNITY | REAL ESTATE/LAND LAW:– Compulsory acquisition of land – Originating summons to determine those entitled to compensation money – Proper parties thereto – How treated |
| AKINBANBI AND OTHERS V. DANIEL AND OTHERS | REAL ESTATE/LAND LAW:– Declaration of title to land – Whether there is need to prove identity of land where there is no dispute as to same – Title granted absolutely under native law and custom by the original owners – How proved – Effect |
| AKINDURO V. ALAYA(SC) | REAL ESTATE/LAND LAW:– Ownership of land – Receipt of compensation for Government compulsory acquisition of – Whether proof of ownership. |
| AKINGBADE V. LAGOS TOWN COUNCIL | |
| AKINLOYE AND ANOTHER. V. EYILOLA AND OTHERS. | REAL ESTATE/LAND LAW:–Ownership of land – Prescriptive title unknown – Failure to plead histories relied upon in evidence – Such evidence not to be allowed without an amendment of pleadings – Appeal on facts – Powers of appeal court – Appeal court not to substitute its own views for views of trial court where the latter evaluated the evidence and appraised facts |
| AKINOSHO V. ENIGBOKAN | REAL ESTATE/LAND LAW – LANDLORD AND TENANT:-”Tenant” within meaning of Recovery of Premises Ordinance (Cap. 193) – The word “occupying” in the definition of “tenant” – Whether means “lawfully occupying” so that a mere trespasser is not a tenant within the meaning of that Ordinance REAL ESTATE/LAND LAW – LANDLORD AND TENANT:- Statutory requirement of service of notice – under Cap. 193 – Whether appropriate only where the occupier is by statute or at common law or by agreement, the acknowledged tenant of the person giving or authorising the notice |
| AKINSUROJU V. JOSHUA | REAL ESTATE/LAND LAW:– Ownership of land- Land founded by individuals – Claim by a community in respect of same – What community must show to succeed |
| AKINTOLA V. LASUPO | REAL ESTATE/LAND LAW:– Claim for trespass and injunction – Onus on plaintiff – Effect on title to land REAL ESTATE/LAND LAW:– Injunction restraining trespass – Condition precedent to grant of REAL ESTATE/LAND LAW:– Possession – Competing claims to possession – How resolved |
| AKINTOLA V. OYELADE | REAL ESTATE/LAND LAW:– Customary tenancy – Determination of – How done REAL ESTATE/LAND LAW:– Customary tenancy – Position of under the Land Use Act, 1978 – Whether altered REAL ESTATE/LAND LAW:– Customary tenancy – Respective rights of customary landlord and customary tenant therein REAL ESTATE/LAND LAW:– Trespass – Customary tenancy – Right of customary landlord to tributes – Exercise by customary landlord of right of entry into farmland occupied by customary tenant – Whether amounts to trespass |
| AKINTOBI V. SODIMU | REAL ESTATE/LAND LAW:– Declaration of title -Possession -When presence on land is not possession |
| AKINTOLA AND ANOR. V. SOLANO | REAL ESTATE/LAND LAW:- Declaration of title to land – Alienation of title to land – How proved REAL ESTATE/LAND LAW:- Family land – Sale of without evidence of consent of the head of the family – Whether title arising therefrom void – Property sold by family head as his own personal property and not as head of the family or on behalf of the family – Effect |
| AKINTUNDE V. OYEDOYIN AND OTHERS. | |
| AKINWUNMI V. OLUDIPE | REAL ESTATE/LAND LAW:– Action for declaration of title after time when existing court order, not appealed against, prohibited it – Should have been struck out and not declared on merits |
| AKINWUNMI V. SAIDI | REAL ESTATE/LAND LAW:– Long possession – Effect of abandonment thereof – Ownership of land – Challenge thereto founded on adverse long possession of – How treated |
| AKINYEDE V. THE APPRAISER | |
| AKO V. EJEKWEMU | REAL ESTATE/LAND LAW:– Declaration of title – Question of boundaries – Case heard in Native Court – Jurisdiction of Native Court – Section 41(2)(a) Land Tenure Law |
| AKOREDE AND ANOR V. THE SOLICITOR-GENERAL | REAL ESTATE – Compulsory Acquisition of Land-Certificate of Title—Effect-Public Land Acquisition Law, WR.S.25. |
| AKPABIO V. THE STATE | |
| AKPAGBUE AND ANOTHER V. OGU AND OTHERS | REAL ESTATE/LAND LAW:– Consolidated Action – Declaration of title to land – Damages for trespass – Perpetual Injunction – Recovery of possession under Customary tenure – Traditional history of land – Evidence of acts of ownership – Forfeiture of Customary tenancy |
| AKPAMAKU V. IGBEN | REAL ESTATE/LAND LAW:– Claim for declaration of title to land— Guardian ad !item whether competent party to suit or can merely act as representative of party for purposes of suit – Where the person represented dies – Legal implication for suit – Whether action is merely put in abeyance until executor or administrator of deceased party’s estate is substituted – Order 7 rule 13 of the High Court (Civil Procedure) Rules – Effect |
| AKPAN V. UDO UTIN | REAL ESTATE/LAND LAW:– Proof of title-Judgment in previous proceedings in respect of land – Usefulness of in a later proceedings – Relevant considerations. |
| AKPAN V. UMANA | REAL ESTATE/LAND LAW:– Customary arbitration – Conditions precedent for validity of. REAL ESTATE/LAND LAW:– Declaration of title – Proof of title – Evidence of numerous acts of possession – When relevant REAL ESTATE/LAND LAW:– Declaration of title – Reliance on traditional histories – Conflict therein – How resolved REAL ESTATE/LAND LAW:– Survey plan – Purpose and Importance of in land cases – When court may not attach credibility thereto |
| AKPAN AWO V. COOKEY GAM | LAND LAW/REAL ESTATE:- Ownership of land – Transfer of title – Claim to defeat same based on established principles of customary aw – Acquiescence – When court will deem it equitable to protect claim of party in possession of land |
| AKPAN V. QUEEN | |
| AKPAPUNA AND ORS. V. OBI NZEKA AND AND ORS. | REAL ESTATE/LAND LAW:– Traditional History – conflict of evidence – Resolution thereof – REAL ESTATE/LAND LAW:– Trespass to land – How proved |
| AKPASUBI V. UMWENI | REAL ESTATE/LAND LAW:– Dispute over title to land – Need to prove by evidence the identity of land – Relevant considerations – Weight of an admission made by a claimant’s predecessor in title REAL ESTATE/LAND LAW:– Customary law mediation – Effect of mediated agreement on subsequent legal proceedings – Relevant considerations |
| AKPORUE V. OKEI | REAL ESTATE/LAND LAW:– Claim for declaration of title to land – Damages for trespass -Injunction. Evidence – Burden of proof not discharged. |
| AKUBUZE V. NWAKUCHE | REAL ESTATE/LAND LAW:– Declaration of title – Failure by Plaintiff to establish boundaries of land claimed – Proper order to make. |
| AKUNYILI V. EJIDIKE | REAL ESTATE/LAND LAW:– Declaration of title -Claim that a party has been in possession from time immemorial – What the claim portends. REAL ESTATE/LAND LAW:– Declaration of title – Traditional histories – Conflict in – How resolved. REAL ESTATE/LAND LAW:– Declaration of title -Traditional history – How pleaded – How proved – Relevant considerations REAL ESTATE/LAND LAW:– Declaration of title to land – Evidence of acts of possession and ownership – Whether capable of granting claim, for declaration of title – Relevant consideration. |
| ALADE V. ABORISHADE | REAL ESTATE/LAND LAW:– Acquiescence – Defence of – Onus of proof on pleader – Owner ignorant of adverseness of possession – Effect REAL ESTATE/LAND LAW:– Claim for declaration of title “in fee simple” – Conceivability of in Nigeria |
| ALADE V. AWO | REAL ESTATE/LAND LAW:– Claim for declaration of title and possession – Uncontradicted traditional evidence adduced – Rejected by trial judge – Misdirection. |
| ALADE V. OLUKADE | REAL ESTATE/LAND LAW:– Damages for trespass and order of injunction – Section 95 and 96 of Evidence Act Cap. 62 |
| ALADE V. PAYNE | REAL ESTATE/LAND LAW:– Family property – Whether knowledge of sale of land by a family member constitutes knowledge by entire family. |
| ALAKIJA V. ABDULAI | REAL ESTATE/LAND LAW:– Lis pendes -Doctrine of- Operation and application of – Where party buys property subject of a pending suit – Effect |
| ALAN ESTATES LTD. V. W. G. STORES LTD. AND ANOTHER | REAL ESTATE/LAND LAW:- Lease – Calculation of Rent in undated lease – Meaning of “from the date hereof ” – Lease executed in escrow – Whether rent payable from date of delivery in escrow or date of satisfaction of conditions of escrow |
| ALATISHE V. SANYAOLU | REAL ESTATE/LAND LAW:– Finding of Judge while dismissing plaintiffs claim of title to land that defendant is entitled to possession – Refusal to give him judgment and instead ordering plaintiff to pay value of land – Validity of order REAL ESTATE/LAND LAW:– Real property – Nature of acts of possession – Whether depends on nature of the land |
| ALAYA V. AKINDURO | REAL ESTATE/LAND LAW:– Instrument affecting land – Non registration of registrable land instrument – Effect of |
| ALBERT ADEOYE V. MADAM IBIDUN ABIBATU JINADU | REAL ESTATE/LAND LAW:– Proceedings before Registrar of Title – Objection to registration of title – Estoppel by res judicata – Effect of proceedings before the Registrar of Titles between the same parties in respect of same property and same title |
| ALEWO ABOGEDO V. THE STATE | |
| ALFA KAMORU SALAWU V. MRS. Z. S. ADEBANKE & ANOR | LAND LAW/REAL ESTATE:- Claim for an order setting aside the sale of the Judgment debtor/Applicant’s immovable property situate for non-compliance with the legal procedures for sale – How treated – Relevant considerations |
| ALFA MURITALA AMOO V. WAHABI ADERIBIGBE | REAL ESTATE/LAND LAW:– Family property- Party relying on title documents as evidence of acquisition of- Onus on him- How discharged |
| ALFRED USIOBAIFO V. CHRISTOPHER USIOBAIFO | REAL ESTATE/LAND LAW:– Family property – when partitioned – Effect of REAL ESTATE/LAND LAW:– Acquisition of land under Benin custom – factors guiding the procedure. REAL ESTATE/LAND LAW:– Family property – How created |
| ALFRED USIOBAIFO V. CHRISTOPHER USIOBAIFO | REAL ESTATE/LAND LAW – FAMILY LAND:- Customary law land holding relations under Ishan customary law – Whether valid sale of family land can be effected by the Head of the family in his individual capacity – Legal status of such sale – Void or voidable – Relevant considerations |
| ALHADJI A.W.ELIAS V. OLAYEMI DISU | REAL ESTATE/LAND LAW:– Real Property – Sale and Conveyance of family land – Requirement of consent of all or substantial majority of members of family – Effect – Whether sale voidable at instance of members who did not consent provided they acted in time |
| ALHAJ ABUDU WAHID ELYAS V. N. OLAONIPEKUN AKINYEMI | |
| ALHAJA SAFURATU AWELE V. MONSOUR HABIB | REAL ESTATE/LAND LAW – LEASE:- Doctrine of frustration of contract due to supervening impossibility of performance – Applicability to lease agreement |
| ALHAJA SILIFATU OMOTAYO V. CO-OPERATIVE SUPPLY ASSOCIATION | REAL ESTATE/LAND LAW – TITLE TO LAND:– Proofof title to land or ownership of land- Act of vesting legal title in respect of a piece of land in a person – Whether deemed a matter of law to be deduced from the facts and evidence admitted – Plaintiff who pleads a particular root of title and fails to prove it – Whether can rely on another mode of acquisition of land not pleaded by him as his root of title to support his claim |
| ALHAJA SUARA YUSUF V. MRS. YETUNDE DADA & 3 ORS | REAL ESTATE/LAND LAW – TRESPASS:- Whether a person who came into possession of a family land in dispute with the leave and licence of family head cannot be liable in trespass even if sale was not approved by other members and thus voidable REAL ESTATE/LAND LAW – ESTOPPEL BY SILENCE:- Equitable rule that if a stranger begins to build on land supposing it to be his own and the real owner perceiving his mistake abstains from setting him right and leaves him to persevere in his error a court of equity will not afterwards allow the real owner to assert his title to the land – When will avail person with invalid title to land – Relevant considerations |
| ALHAJI ADO IBRAHIM & CO. LTD. & ANOR V. ELDESTEIN (NIG.) LIMITED | REAL ESTATE/LAND LAW:– Declaration of title – Area of land claimed – Where not in dispute – Whether necessary to ascertain same |
| ALHAJI ADEBOLA OLAKUNLE ELIAS V. CHIEF TIMOTHY OMO-BARE | REAL ESTATE/LAND LAW:– Declaration of title to land – Survey plan – Essence of – Devolution of title – Effect of – contradictory traditional history – How resolved REAL ESTATE/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 – 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 |
| ALHAJI BUBA USMAN V. MOHAMMED TAMINU GARKE | REAL ESTATE/LAND LAW:– Certificate of Occupancy – Power to issue same under the Land Use Act, 1978 – In whom lies REAL ESTATE/LAND LAW:– Certificate of Occupancy – Power to issue same under the Land Use Act, 1978 – In whom lies |
| ALHAJI AHMADU KUBAU V. MALLAM SHEHU RILWANU | REAL ESTATE/LAND LAW:- Claim for declaration to the possession of a piece of land and covered by Certificate of Occupancy – How proved |
| ALHAJI AMINU JUBRILLAH ABDULLAHI & ORS V. MRS. CHRISTIANA IYABO ADETUTU | REAL ESTATE/LAND LAW – TITLE TO LAND: – Where there are two persons on the land each asserting that the land is his and each doing something in assertion of the right of possession – When one of them is in actual possession and the other is not – Whether the person deemed to be in actual possession is the person who has title is in possession and the other is a trespasser – Whether a claimant in possession is deemed to have a better title against other adverse claimants REAL ESTATE/LAND LAW: – Effect of non-registration of a registrable instrument – Determination of person in possession of land – Relevant considerations |
| ALHAJI BUBA USMAN V. MOHAMMED TAMINU GARKE | REAL ESTATE/LAND LAW:– Certificate of Occupancy – Power to issue same under the Land Use Act, 1978 – In whom lies REAL ESTATE/LAND LAW:– Certificate of Occupancy – Power to issue same under the Land Use Act, 1978 – In whom lies. |
| ALHAJI ETIKO V. M. AROYEWUN (Deceased) | REAL ESTATE/LAND LAW:– Declaration of title – Identity of land certain – No necessity for plan |
| ALHAJI FASASI ADESHOYE V. J. O. SHIWONIKU | REAL ESTATE/LAND LAW:– Claim for damages for trespass to land – Where alleged trespasser is in possession – Condition precedent |
| ALHAJI IBRAHIM SHEKA V. ALHAJI UMARU BASHARI | REAL ESTATE/LAND LAW– POSSESSION OF PROPERTY OR PARCEL OF LAND:- Concept of possession – Meaning of possession of property or a parcel of land – Elements of possession – whether an agent or servant who occupies a premises belonging to his principal or employer in order to be able to perform his duties acquires an estate in the property – Test for determining whether a lease, a tenancy or a licence is created by the acts of the parties REAL ESTATE/LAND LAW – LICENCES:- Types of licences and how constituted- ‘bare licence’. ‘licence coupled with a grant of interest’ ‘contractual licence for value’ – Whether a licensor can eject a licensee who remains in unlawful occupation after the termination of his licence by the use of force through self-help – Attitude of Court thereto |
| ALHAJI IBRAHIMAH OF SEKONDI V. MAMMA GARIBA AND OTHERS | REAL ESTATE/LAND LAW:– Government acquisition of property of polygamous family and resettlement with monetary compensation – Where new property and compensation is left with one of the wife to manage – nature of right created thereafter in new property developed therefrom and other assets – Whether family estate wholly belong to all member of the family equally REAL ESTATE/LAND LAW:- Suits relating to ownership of land held under native tenure – Respect to be paid to decisions of Native Courts – Wider discretion of Land Court to interfere where Native Court of first instance and Native Court of Appeal differ |
| ALHAJI LATIFU AJUWON & ORS. V. MADAM ALIMOTU ADEOTI & ORS. | REAL ESTATE/LAND LAW:- Title to land – Failure to claim an order of forfeiture against tenants in proceedings for recovery of possession and trespass – Whether fatal to the suit – When claim for possession is a full remedy for the breach complained of |
| ALHAJI MODU KIDAGUMA V. MALLAM GANA ABOJA | REAL ESTATE/LAND LAW:- Claim of title to land – Onus of proving identity of the land in dispute – On whom lies – Whether the doctrine of laches and acquiescence and standing by are known to Yoruba Native law and custom REAL ESTATE/LAND LAW:- Five ways of proving title to land – Whether establishment of one out of the five ways is sufficient to grant ownership – When necessary to trace the title of the overlord- Role of plan layout |
| ALHAJI MOHAMMED MAINA WAZIRI V. IBRAHIM TAHIR GUMEL & ANOR | |
| ALHAJI MUKAILA OLAYINKA AKINSAYA V. AG & MIN. OF JUSTICE & ORS. | REAL ESTATE/LAND LAW:- Title over land – Lis pendens – When exist – Legal implication – Whether a person who stands by and allows his battle to be fought for him in a given suit by his vendor, can turn round and claim that the judgment obtained against his vendor in the said suit does not bind him |
| ALHAJI NURUDEEN OLUFUNMISE V. MRS ABIOLA LABINJOH FALANA | |
| ALHAJI OSENI OLANIYAN & ORS V. CHIEF MRS. E. T. FATOKI | REAL ESTATE/LAND LAW:- Whether a Plaintiff who claims damages for trespass as well as injunction regarding the land in dispute puts his title in issue – Need for claimant to prove that he has a better title to the land than the Defendant in order to succeed in a claim for trespass LAND LAW – PROOF OF TITLE TO LAND:- How established – Need for party claiming title to land to avail himself of any of the five ways of proving title to land – burden of proof in an action for title to land – how discharged – Whether the mere production of a deed of conveyance without more is sufficient to prove title to land – acts which indicate possession and ownership over a land – Whether proof of ownership is prima facie proof of possession in an action for title to land |
| ALHAJI RABIU NUNKU V. JOHN AYA & ANOR | REAL ESTATE/LAND LAW:- Proof of title to land – Sale agreement in local language, Hausa – Weight where not translated into the language of the court – Purported sale document containing no description of land – Effect |
| ALHAJI RAZAK ADENIYI AYILARA V. FEDERAL MINISTRY OF WORKS | REAL ESTATE/LAND LAW:- Title to property – Government allocation – Whether claim to ownership of property can be reasserted after allocation of the property – Notice of revocation of grant of leasehold on public land – Need for same to be based on overriding public interest – Duty of revoking authority to satisfy the provisions of Section 28 (1) & (2) of the Land Use Act |
| ALHAJI RAUFU GBADAMOSI V. OLAITAN DAIRO, ALHAJI RAIMI AFOLABI | |
| ALHAJI RUFAI AGBAJE & ORS V. MRS W.A ADELEKAN & ORS | |
| ALHAJI S. A. KAZEEM V. MADAM WEMIMO MOSAKU | |
| ALHAJI SANNI SHAIBU V. J.O. BAKARE | LAND LAW – PROOF OF TITLE:- Effect of failure of a party who claims a declaration of title to land to prove his title LAND LAW – DECLARATION OF TITLE TO LAND:- Whether an action for declaration of title to land is an important method for determining the legal right of parties |
| ALHAJI SHEHU BAKULE V. TANEREWA NIGERIA LIMITED | |
| ALHAJI SULAIMAN MOHAMMED & ANR V. LASISI SANUSI OLAWUNMI & ORS | |
| ALHAJ ABUDU WAHID ELYAS V. N. OLAONIPEKUN AKINYEMI | |
| ALIBE V. YARO | REAL ESTATE/LAND LAW:- Trespass to land – Party alleging trespass to land – Onus placed on him thereby REAL ESTATE/LAND LAW:- Claim for order of declaration of title land – Where Plaintiff’s title to land or has become an issue as a result of defendant’s pleading – Onus of proof that must be discharged LAND LAW:- Declaration of title to land – Where two competing parties trace their title to common grantor – Principle guiding resolution of |
| ALIMS NIGERIA LIMITED V. UNITED BANK FOR AFRICA PLC | REAL ESTATE/LAND LAW:- Claim for release of title deed – Relevant considerations |
| ALIYU V. SODIPO | REAL ESTATE/LAND LAW:- Deed of conveyance – Where registered – Sufficiency of to ground award of title to land REAL ESTATE/LAND LAW:- Land Instruments Registration Law Cap.59 and Survey Law Cap 121 Laws of Western Nigeria – Different intendments of. REAL ESTATE/LAND LAW:- Survey plan – Counter-signature of Surveyor-General thereon – Requirement of – Non-compliance therewith – Whether renders plan void |
| ALLI V. ALLEN | REAL ESTATE LAW:- Property under undischarged mortgage – When attached by court towards the satisfaction of a fresh debt to another party – Where prior undischarged mortgage cannot operate to stop execution of court attachment by virtue of limitation laws – Where court rejects plea that property be sold and undischarged mortgage paid in priority to those of the judgment creditor – Nature of legal encumbrances and interests over the property – Implication for buyer of property – Need to take advice |
| ALLI V. ELEPO | |
| ALLI V. IKUSEBIALA | REAL ESTATE/LAND LAW:- Declaration of title, damages for trespass, injunction – Absence of court order avoiding plaintiff’s voidable title – Plaintiff entitled to judgment |
| ALOMASOJO V. IBRU | REAL ESTATE/LAND LAW:- Claim for damages for trespass to land – Counterclaim – Declaration of title – Prior title – Determined in prior suit – If sufficient to establish prior title in subsequent suit |
| ALOR V. NGENE | REAL ESTATE/LAND LAW – CUSTOMARY LAW TITLE TO LAND:- |
| AMACHREE V. KALLIO | REAL ESTATE/LAND LAW:- Land abutting local creeks – Ownership – Building of temporary structure on same by persons licenced to fish on creek – Whether amounts to breach of licence entitling licensee to damages – What needs to be proved REAL ESTATE/LAND LAW:-Claim over major river artery connecting several communities – What needs to be proved – Need to adduce the strongest possible evidence, would be a proceeding fraught with danger to the community at large, against every principle of the law applicable to the country, and to all such rivers, and against public policy and natural justice |
| AMADI AND OTHERS V. OHURU AND OTHERS | REAL ESTATE/LAND LAW:- Claim and Cross claim for declaration of title to land – Evidence of contiguity by plaintiff not borne out by inspection at locus – Claims not supported by evidence general – Defendants Cross-claim – Effect – Where evidence supports |
| AMADI V. ORISAKWE AND ORS. | REAL ESTATE/LAND LAW:- Lease of land subsequently converted to outright sale – How proved – Where executed deed of sale is being challenged – Need to plead and prove fraud – Effect of failure thereto REAL ESTATE/LAND LAW:- Proof of title to land – Where land known to parties – Whether a survey plan is mandatory – Acts of possession and relevant evidence necessary to ground proof of title REAL ESTATE/LAND LAW:- Identity of land –Whether a plot of land can be identified with two addresses – Attitude of court thereto |
| AMAKOR V. OBIEFUNA | REAL ESTATE/LAND LAW:- Action for damages, injunction Trespass to land – Both parties claiming possession via Ojora family – Trespass Actionable at instance of person in possession No concurrent possession by two persons |
| AMANKRA V. ZANKLEY | REAL ESTATE/LAND LAW:- Land Registration Act Cap. 99 – Alleging fraud thereunder – Standard of proof REAL ESTATE/LAND LAW:- Land Registration Act, Cap.99 – Effect and purport REAL ESTATE/LAND LAW:- Land Registration Act, Cap. 99, S.16 – Priorities created REAL ESTATE/LAND LAW:- Registration of land instruments – Effect of not registering on time |
| AMASA V. BIG TOM | REAL ESTATE/LAND LAW:- Proof of title to land – Whether appellants are entitled to rely on evidence of plaintiff where it shows that the land in dispute was the land litigated upon between the plaintiffs and the defendants in the earlier cases. |
| AMATA V. MODEKWE | REAL ESTATE/LAND LAW:- Real property – Claim for declaration of title over community land -Precise boundaries and accurate plan – Necessity |
| AMAWO V. A.G, NORTH-CENTRAL STATE | REAL ESTATE/LAND LAW:- Dispute as to title land – Issuance of Certificate of Occupancy over land already covered by a subsisting Certificate of Occupancy – How treated |
| AMAYO V. ERINMWINGBOVO | |
| AMINU V. MAURICE GOUALIN LTD | REAL ESTATE/LAND LAW:- Declaration of title – Claim to ownership and action for trespass – Nature of evidence requisite to establish each REAL ESTATE/LAND LAW:- Composite plans – How conflicting claims are indicated REAL ESTATE/LAND LAW:- Declaration of title – Recitals in deed twenty years old – Presumption of truth – Section 129, Evidence Ordinance (Cap. 63). |
| AMOBI V. AMOBI AND ORS | REAL ESTATE/LAND LAW:- Declaration of title – Where plaintiff claims for trespass and injunction over land – Effect of |
| AMODU TIJANI V. SECRETARY SOUTHERN PROVINCES | REAL ESTATE/LAND LAW:- Acquisition of Land by Government – Compensation – Public Lands Ordinance, 1903 (No. 5 of 1903, Lagos). |
| AMU V. ATANE | REAL ESTATE/LAND LAW:- Recovery of Possession – Account of rents and profits and Injunction – Representative action – Consent to represent – How treated |
| AMU V. OHENREN | REAL ESTATE/LAND LAW:- Adverse long possession – Effect on title to land |
| AMUDA V. ADELODUN | |
| AMUDIPE V. ARIJODI | REAL ESTATE/LAND LAW:- Declaration of title to Land – Damages for trespass – Injunction – Effect of non-compliance with Rules of Court on proceedings thereto |
| AMUSA ADESINA V. BURAIMOH AFOLABI | REAL ESTATE/LAND LAW:- Title to land – contending parties claiming to derive title from the same person – Need to resolve same by determining the party with better title |
| ANABARONYE V. NWAKAIHE | REAL ESTATE/LAND LAW:- Proof of title to land – Five judicially approved ways – Whether each method independent of the other REAL ESTATE/LAND LAW:- Proof of title -Traditional evidence – How pleaded – How proved – Whether can ground grant of declaration of title to land REAL ESTATE/LAND LAW:- Title to land – How proved – Onus of proof – On whom lies |
| ANAEZE V. ANYASO | REAL ESTATE/LAND LAW:- Lease of land – Consent of governor therefor – Where required -On whom duty to obtain lies REAL ESTATE/LAND LAW:- Receipt evidencing payment for land – Effect of in evidence REAL ESTATE/LAND LAW:- Sale of land – Contract for – Breach thereof- Remedies available to aggrieved party REAL ESTATE/LAND LAW:- Sale of land – Sale under customary law – How effected |
| ANAMBRA STATE HOUSING DEVELOPMENT CORPORATION V. EMEKWU | REAL ESTATE/LAND LAW:- Contract between statutory corporation building houses for sales and its buyers – Nature of – Whether bears semblance of mortgage REAL ESTATE/LAND LAW:- Deed – Delivery of deed – Meaning and Purport of – Delivery of deed in escrow – Meaning of REAL ESTATE/LAND LAW:- Deed of conveyance – Delivery of – When deemed to be delivered – When it takes effect – Relevant consideration. |
| ANAZODO NWOSU V. CHUKWUMANJO UDEAJA | |
| ANDREW LOWS V. EDWARD TELFORD AND ROBERT WESTRAY | REAL ESTATE/LAND LAW:- Forcible ejectment of person in actual possession an with legal title over land – Forcible Entry – 15 Ric. 2, c. 2 – Mortgagee in Fee – Whether fact that legal title was acquired recenty is relevant |
| ANEKWE V. NWEKE | REAL ESTATE/LAND LAW:- Claims in both trespass and an injunction – Whether automatically raises the issue of title to land |
| ANIFOWOSHE V. SIYANBOLA | REAL ESTATE/LAND LAW:- Family property – Grant of permission to use – Nature of such REAL ESTATE/LAND LAW:- Family Property – Payment of water rates – Not enough establishment of interest REAL ESTATE/LAND LAW:- Family property – Sale of – Consultation by head with senior members of family – Execution of conveyance with their approval – Whether sufficient for valid sale. |
| ANIMASHAUN V. OLOJO | REAL ESTATE/LAND LAW:– Disputed title to land – Dispute of – Equitable interests – How proved – Claim for declaration of title – Whether Plaintiff can succeed on weakness of Defence in a claim for declaration of title REAL ESTATE/LAND LAW:– Dispute as to title – Priority of equities – Which take precedence – Subsequent purchaser for value – When deemed to have constructive notice – Failure to acquire legal interest/conveyance – Effect even where there was no notice of existing equity |
| ANIMASHAWUN V. OSUMA AND OTHERS | REAL ESTATE/LAND LAW:- Kola tenancy – No partial forfeiture. |
| ANISIUBU V. EMODI | REAL ESTATE/LAND LAW:- Declaration that lease still subsisted – Damages for trespass to property – Perpetual injunction to restrain defendant from further acts of trespass – Interim Injunction – Failure to appear for hearing of motion – Plaintiffs claim dismissed – Refusal of adjournment |
| ANLA V. ANYANBOLA AND OTHERS | REAL ESTATE/LAND LAW:- Claim for declaration of title – Visit to locus in quo by President of Customary Court – Judgment for plaintiff – Appeal – Decision reversed on ground that English Equitable defences applicable – Further appeal – Irregular procedure adopted by Judge – Appeal to Supreme Court |
| ANOZIE V. ALUKA | REAL ESTATE/LAND LAW:- Ownership of land – ways of proving same – decision in Idundun AND Ors. v. Okumagba (1976) 9 – 10 S.C. 227 considered. REAL ESTATE/LAND LAW:- Ownership of land – party relying on traditional history – Particulars that must be pleaded |
| ANTHONY (MRS) V. ONYEBASHI | REAL ESTATE/LAND LAW:- Action for damages for trespass – Interim Injunction – Trial judge requiring plaintiff to prove nature of grant – Propriety of – Where plaintiff has proved root of title – Whether customary tenant right to possession of land until acts warranting forfeiture proved. |
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES
