CASES/JUDGMENTS ON REAL ESTATE AND PROPERTY LAW IN NIGERIA (3)
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CASES/JUDGMENTS ON REAL ESTATE AND PROPERTY LAW IN NIGERIA (3)
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| TITLE | MAIN ISSUES |
| ANTONIO ASSAF V. OLATUNJI FUWA AND OTHERS | REAL ESTATE/LAND LAW:- Vendor and purchaser – Contracts to sell mortgaged land – Double sale – Priorities of equitable interest – Bona fide purchaser without notice – Qui prior est tempore potior est jure. – When displaced REAL ESTATE/LAND LAW:- Mortgaged property – Acquisition of legal interest – When same could displace a prior equitable interest vested in third parties – Whether transfer of the legal estate, positive act by the mortgagees which could take its place or declaration of trust or joinder in the reconveyance of or delivery of the title deeds suffices |
| ANUKANTI V. EKWONYEASO | REAL ESTATE/LAND LAW:- Claim for a declaration of title to land given out as pledge – Order to accept ‘redemption fee’ – Duty of trial court to base decision on vital issues before it |
| ANWOKAFOR V. UDEGBE | REAL ESTATE/LAND LAW:- Declaration of title to land – Dismissal of plaintiff’s claim – Effect REAL ESTATE/LAND LAW:- Declaration of title to land – Nature of onus on plaintiff – Where Plaintiff fails-Appropriate order to make |
| ANWOYI V. SHODEKE | REAL ESTATE/LAND LAW:- Title to land – Whether a Plaintiff who fails to prove his title to land automatically loses title and possession to the Defendant |
| ANYABUNSI V. UGWUNZE | REAL ESTATE/LAND LAW:- “Occupation” and “Possession” of land- Distinction between – Relevant considerations. REAL ESTATE/LAND LAW:- Registration of instruments – Unregistered registrable instrument – When admissible – Relevant considerations |
| ANYADUBA V. NIGERIAN RENOWNED TRADING CO. LTD | REAL ESTATE/LAND LAW:- Kola tenancy under customary law – Matters arising therefrom – How resolved |
| ANYADUBA V. NIGERIAN RENOWNED TRADING COMPANY LTD. | REAL ESTATE/LAND LAW:- Conveyance of land – Limitation to – Maxim “Nemo dot quod non habet” (Nobody can give what he has not) – Operation and application of. REAL ESTATE/LAND LAW:- Customary tenancy – Customary landlord -Rights thereof thereunder. REAL ESTATE/LAND LAW:- Customary tenancy – Customary or kola tenant – Rights of – Extent and scope |
| ANYAELE CHUKWUEKE & ANOR. V. OKORIE OKORONKWO & ORS | LAND LAW – DECLARATION OF TITLE TO LAND: Identity of property in disputes – When a necessity |
| ANYAWU V. MBARA | REAL ESTATE/LAND LAW:- Claim for ownership and possession of land by contiguous communities – How resolved – Demarcation of boundaries – Acts of ownership and possession – When conclusive proof of title to land – Nature and quantum thereof – Survey plan – Need to show all important features on or bordering the land – Effect of failure thereto. |
| APAMPA V. SOLAGBADE | |
| APOSTLE ADEOLU AINA V. DR. OLUSANYA SONUGA | |
| APOSTOLIC CHURCH V. OLOWOLENI | |
| APOSTLE PETER EKWEOZOR & ORS V. THE REGISTERED TRUSTEES OF SAVIOURS APOSTOLIC CHURCH OF NIGERIA | REAL ESTATE/LAND LAW – TITLE TO LAND:- Claim for declaration of title – Onus to establish entitlement to the declaration sought by cogent and credible evidence – On whom lies – Need for claimant to establish same on the strength of his own case and not on the weakness of the defendant’s case REAL ESTATE/LAND LAW – TITLE TO LAND:- Proof of – Five accepted ways of proving title to land as laid down in IDUNDUN VS OKUMAGBA – Effect |
| APPRAISER V. NIGERIAN RAILWAY CORPORATION | REAL ESTATE/LAND LAW:- Landlord and Tenant-Railway employees’ tenancy of dwelling houses in Railway compounds-Tenancy at will. |
| ARABE V. ASANLU | REAL ESTATE/LAND LAW:- Declaration of title – Award of part only of land in dispute to plaintiff by area court of trial -Identification of awarded area – Absence of survey plan – Whether fatal only where area not otherwise ascertainable with definite certainty |
| ARAKA V. MONIER CONSTRUCTION CO. (NIG.) LTD | REAL ESTATE/LAND LAW:- Lease – Yearly tenancy – Vacation of house on account of Civil War – House taken over by Abandoned Property Authority – Claim for rents due during period of vacation – Frustration |
| ARASE V. ARASE | REAL ESTATE/LAND LAW:- Title to land – Proof of under customary law – Bini landholding system – Essential principles REAL ESTATE/LAND LAW:- Possessory title – Meaning – Whether defines Bini landholding interest – Whether Bini landholding practices is sui generis in a class of its own |
| ARC. OLUCHUKWU ODEGA V. MR. AUGUSTINE OLLOH | LAND LAW/REAL ESTATE: Statutory right of occupancy – Order for dispossession, injunction against trespass and damages – Use of accelerated hearing in land matters – Need to observe fair hearing – Effect of failure thereto |
| ARCHIBONG V. ITA | REAL ESTATE/LAND LAW:- Customary tenant -Whether entitled to share equal and common rights with landlord REAL ESTATE/LAND LAW:- Identity of land in dispute-How proved |
| ARE V. ADISA AND ANOTHER | REAL ESTATE/LAND LAW:- Acquisition of land in W.N. by alien – Approval of transaction by Governor |
| ARE V. IPAYE (CA) | REAL ESTATE/LAND LAW:- Transfer of land – Whether outright alienation or not –Intention of parties – Proper treatment of REAL ESTATE/LAND LAW:- Trespass to land – Who can sue REAL ESTATE/LAND LAW:- Forfeiture – Relief against forfeiture – When granted. |
| ARE V. IPAYE | REAL ESTATE/LAND LAW:- Declaration of title – Grant – Onus of Proof. Evidence – Traditional evidence – Conflicts – How resolved Customary Law – Ishakole – Tribute – Distinction – Significance of both. |
| AREFUNWON V. BARBER | REAL ESTATE:- Sale of property and passage of property – Onus of proof – On whom lies – When proof of long possession can avail a claimant to title over land |
| ASHIRU V. OLUKOYA | |
| AREFUNWON V. BARBER II | REAL ESTATE/LAND LAW – TITLE: Possessory title – Standard of proof – Quantum of proof necessary to support claim – Claim of title due to long possession – When will not avail |
| REAL ESTATE/LAND LAW:- Sale of property and passage of property – Onus of proof – On whom lies – When proof of long possession can avail a claimant to title over land | |
| AREHIA V. THE STATE | |
| AREMU V. ADETORO | |
| ARO V. KADIRI | REAL ESTATE/LAND LAW:- Declaration of title to land – Vendor and purchaser – Action for possession, damages for trespass and injunction – Defendant signing document in respect of sale of land – Claim that document was acknowledgment of loan and not sale – Defendant pleading illiteracy – Where Lender was vendor of land and caretaker for defendant -Vendor selling and conveying land to plaintiff – Validity of sale |
| ARO V. OBALORO | REAL ESTATE/LAND LAW:- Declaration of title – Need for plaintiff to show that plan corresponds with land claimed – Plan admitted without due proof – Other side not given opportunity to cross-examine |
| AROMASHODUN V. OGUNMEKAN | REAL ESTATE/LAND LAW:-Declaration of title – Equitable and legal estates – Priority of title. |
| AROMOLARAN V. WADDELL | REAL ESTATE/LAND LAW:- Grant of land – Where grantor has a lesser title than he has granted – Effect under S.63 of Conveyancing Act. 1881. REAL ESTATE/LAND LAW:- Registration of Titles Ordinance – Ownership of fee simple in reversion – Whether registrable – Sections 5, 6, 48 and 63 Registration of Titles Ordinance |
| AROWOOGUN AND ANOTHER. V. OMISORE AND OTHERS. | REAL ESTATE/LAND LAW:- Declaration of title to land – Injunction – Both parties in possession of land – No exclusive possession by plaintiffs – Determination of boundary point – Plaintiffs claim of land at boundary – Reliance on earlier judgment which neither defendants nor ancestors were party to – No light to exclusive possession – Issue of non-suit not applicable |
| ARTHUR HANSEN HAMMOND V. UNITED AFRICA COMPANY LTD. AND OTHERS | REAL ESTATE/LAND LAW:- Dispute as to title to property – Whether title in Family or individual – Reliance on recitations on mortgage instrument – when proper – Weight of Evidence of Gift inter vivos of immovable property according to Native Law and Custom – Other relevant considerations |
| ARUKU V. FAYOSE | REAL ESTATE/LAND LAW:- Landlord and Tenant – Notice to quit action for possession filed 10 days before expiry date of notice – Whether notice valid. |
| ARYEE V. ADOFOLEY | REAL ESTATE/LAND LAW:-Land alienated under customary law – Rival claims – Prior alienation via oral grant – Validity – Need to prove constitutive elements – Right of chief to alienate land unilaterally where custom subjects same to approval of principal elders and councillors – How treated |
| ASAGBA AND OTHERS. V. OGAJE AND OTHERS | REAL ESTATE/LAND LAW:- Declaration of title to land – Injunction – Plea of Estoppel per rent judicatam – Different parties to action from those involved in earlier judgments – Previous judgment in Personam vel in rem – Appeal dismissed |
| ASANI BALOGUN AND ORS. v. ALIMI AGBOOLA | REAL ESTATE/LAND LAW:- Action for declaration of title and injunction – Onus of proof – Defendants relied on estoppel by res judicata and estoppel by standing-by – Trial court found for plaintiffs – West Court of Appeal reversed the judgment – Further appeal – Trial Court’s judgment restored. |
| ASEIMO V. AMOS | REAL ESTATE/LAND LAW:- Representative action – Declaration of Title to land – Traditional evidence of settlement, user and occupation – Non- Suit. |
| ASHAYE V. AKERELE | REAL ESTATE/LAND LAW:- Family land – Sale – Consent Role of family head – Whether can be compelled – Whether a member of the family who brought a successful action to establish that a disputed land was vested in the family and had levied execution against third parties in possession could validly convey the land under a sale agreement without consent of family – Legal effect of such purported sale – Whether buyer is entitled to rescission – Whether subsequent conveyance of the same portion of land to that member by the family cures the transaction |
| ASIYANBI AND OTHERS. V. ADENIJI | REAL ESTATE/LAND LAW:- Declaration of title to land – Grant of hunting rights by Ooni of Ife to a family – Whether Ooni can validly grant farming rights over same land to another family REAL ESTATE/LAND LAW:- Declaration of title to land – How plaintiff can succeed. |
| ASIYANBI V. ADENIJI(2) | REAL ESTATE/LAND LAW:- Declaration of title to land – Grant of hunting rights by Ooni of Ife to a family – Whether Ooni can validly grant farming rights over same land to another family REAL ESTATE/LAND LAW:- Declaration of title to land – How plaintiff can succeed. REAL ESTATE/LAND LAW:- Declaration of title to land – Where traditional evidence is not conclusive – How case to be proved |
| ASORE V. LEMOMU | |
| ATAKE V. NELSON ASIGBORO AFEJUKU | |
| ATO V. THE STATE | |
| ATOBAJAIYE V. ADEOYE | REAL ESTATE/LAND LAW:- Proof of title to land – When derived from traditional title – Need to prove evidence of the root of title in an action for a declaration of right to a certificate of occupancy – Need to identify land properly – Effect of failure thereto REAL ESTATE/LAND LAW:- Proof of title to land – Onus on plaintiff in a claim of declaration of title to land to satisfy the court on the strength of his evidence – Whether can rely on the weakness of the defendant’s case to satisfy same |
| ATOYEBI V. THE GOVERNOR OF OYO STATE | |
| ATTABOH IDIH V. DR. ALIYU OCHEJA OBAJE (THE ATTAH OF IGALA) & ANOR | REAL ESTATE/LAND LAW – CUSTOMARY TENANCY:- Powers of customary tenant over land – Whether has absolute right to exclude every other person from the land |
| ATTORNEY GENERAL OF RIVERS STATE V. UDE | REAL ESTATE/LAND LAW |
| ATTORNEY-GENERAL OF BENDEL STATE & 2 ORS V. P.L.A AIDEYAN | REAL ESTATE/LAND LAW:- State land – Whether can be acquired compulsorily |
| ATTORNEY-GENERAL OF SOUTHERN NIGERIA V. JOHN HOLT AND COMPANY (LIVERPOOL), LIMITED AND OTHERS | REAL ESTATE/LAND LAW: Foreshore – Riparian Owners – Accretion – Artificial Reclamation – Knowledge of Crown – Duty of Crown to prevent Sea Incursion – Preservation of Riparian Rights – Rights in Reclaimed Land – Licence |
| ATUANYA V. ONYEJEKWE II | REAL ESTATE/LAND LAW:- Declaration of title to family land – Sale by members claiming absolute ownership – Onus of proof on person claiming absolute ownership – Not on plaintiff – Proof of title required of essence to grant declaration. |
| ATUANYA V. ONYEJEKWE | REAL ESTATE/LAND LAW:- Declaration of title to land – Damages for trespass and injunction – Plaintiff suing for himself and his family – Second defendant claiming land by grant from third party and First defendant obtaining grant of plot from second defendant – – Memorandum evidencing grant not produced at trial – Plaintiff claiming declaration for whole area but admitting holding of two others – Plaintiff taking no active steps to prevent building by first defendant on land in dispute – Issue of head of family according to Onitsha native law and custom – How treated |
| ATUNRASE V. PHILLIPS | REAL ESTATE/LAND LAW:- Possession of land – Party in possession of land exercising acts of ownership thereon to the knowledge of adverse claimant – Adverse claimant not protesting – Implications in law. |
| ATUNRASE V. FEDERAL COMMISSIONER FOR WORKS AND HOUSING | REAL ESTATE/LAND LAW:- Compulsory acquisition of land – Originating summons to determine persons entitled to compensation money – whether issuing of acquisition notice passes title to government – Pleadings – Fraud must be pleaded – Practice and Procedure – Evidence – Additional evidence admitted on appeal |
| ATUNRASE V. THE REGISTRAR OF TITLES AND ANOTHER | REAL ESTATE/LAND LAW:- Declaration of title – Defence of long possession, acquiescence, laches and long delay – Claim for rectification of the register of titles S.61(a) of Registration of Titles Act Cap. 181 of Vol. IV of Laws of Nigeria and Lagos 1958. |
| AUGUSTA CHIME V. MOSES CHIME | |
| AUERBACH V. NELSON. | REAL ESTATE/LAND LAW:- Sale of property – Vendor and Purchaser – Receipt evidencing sale via Parol Contract – Whether sufficient Memorandum – Whether parol evidence can be admitted in proof of Parties and Parcel covered by contract – Statute of Frauds (29 Car. 2, c. 3), s. 4. |
| AUGUSTINE NDULUE V. NWANKWO IBEZIM & ANOR | REAL ESTATE/LAND LAW:- Pleadings used in proceedings relating to declaration of title to land – Whether court does not make a Declaration of Title or any legal right on admissions or in default of Pleadings – Whether upon a proper Application for Judgment made according to the Rules of Court, a Plaintiff will not be entitled to judgment on what was proffered as admissions to prove his claim – Whether court is duty bound to go beyond plaintiff’s pleadings and extend opportunity parties at the trial court to succeed on the strength of their case by adducing cogent and credible evidence to the satisfaction of the court |
| AUGUSTINE NWAFOR MOJEKWU V. MRS. THERESA IWUCHUKWU | REAL ESTATE/LAND LAW:- Kola tenancy – Nature of-Nature of interest created thereby – Whether capable of inheritance.REAL ESTATE/LAW AND CUSTOM:- Custom – Whether repugnant to natural justice, equity and good conscience – Guide to determination as such |
| AUGUSTINE OBINECHE & ORS V. HUMPHREY AKUSOBI & ORS | LAND LAW – DECLARATION OF TITLE TO LAND– Determination of a successful claim- Ways of establishing |
| AUTA V. IBE | LAND LAW:- Title to land – Where competing claimants traced title to a common grantor- Determination of priority – Relevant considerations LAND LAW:- Title to land – Duty of claimant to identify the area of land claimed – Effect of failure thereto LAND LAW:– Certificate of Occupancy – Evidentiary value of |
| AWOJUGBAGBE LIGHT INDUSTRIES LTD. V. .P.N. CHINUKWE AND ANOR | LAND LAW:- Mortgages – Consent to mortgage; failure to obtain, wrong details contained in |
| AWOBIYI V. IGBALAIYE BROTHERS | REAL ESTATE LAW:- Landlord and Tenant – Yearly tenancy – Landlord‘s notice to quit – Six months notice but not terminating the tenancy on date when due to expire – Effect |
| AWOLAJA V. SHEHU | REAL ESTATE/LAND LAW:- Declaration of title to land – Damages for trespass and possession – Where trial court dismisses all claims except that for trespass – Plaintiff collecting damages awarded for trespass – Subsequent appeal to Supreme Court-Application restraining defendant from continuing trespass on land in dispute or to transfer same to others – How treated |
| AWOLO V. OKWUDI | REAL ESTATE/LAND LAW:- Possession – Presumption in favour of person in possession to be owner – Section 145 Evidence Ordinance – Application of |
| AWOMUTI V. SALAMI AND OTHERS | REAL ESTATE LAW:- Claim for declaration of title and possession – Damages for trespass – Restraining injunction – Where both parties acknowledge same original owners of radical title to the disputed land – When deed of conveyance would be deemed worthless |
| AWOTE AND OTHERS V. OWODUNNI AND ANOTHER | REAL ESTATE LAW:- Action for declaration of title – Effect of admission against interest through plans tendered by one of the parties in a previous suit – Whether other party can rely on such admission – Methods of proving identity of land claimed – Occasions when plaintiff can as an exception to the general rule rely on defence evidence to support his own case REAL ESTATE LAW:- Onus on plaintiff to prove identify of land claimed – Where parties have lands abutting each other – Necessity to show and prove precise boundary features along common boundary – Action for declaration of title – Where plans tendered are inaccurate – Attitude of court |
| AWOYALE V. JOSHUA O. OGUNBIYI (2) | REAL ESTATE LAW:- Declaration of title to land – Traditional history on title to land – How treated |
| AWOYEGBE AND ANOTHER V. OGBEIDE | REAL ESTATE LAW:- Principles governing allocation of land under Bini customary law – Determination of allottee with better title |
| AYANBOYE V. BALOGUN | LAND LAW:- Void deed of conveyance – Whether same can be set aside – Action for such – When it can lie and at whose instance – Conveyance of plaintiff’s land by defendant to third party – Appropriate claim availing the plaintiff – What order to be made by the court -family property – Sale of by members without the consent of principal members -At whose instance voidable. LAND LAW:- Trespass to land – Plea that plaintiff sold portions of land in dispute – Whether precludes action for trespass on unsold portions – Failure of a plaintiff to file a survey plan of land in dispute – Whether defeats claim – Lack of sufficient denotations on a survey plan – Whether can be fatal to plaintiff’s claim – Trespass to land and injunction herefor – What a plaintiff need prove |
| AYANKOYA V. SOLAGBADE | LAND LAW:- Equitable defences – Laches, Acquiescence, long possession – When not available. LAND LAW:- Family land -Alienation of family land -Alienation by head of family – Need to obtain consent of family members. LAND LAW:- Family land – Ratification of sale – Deed of ratification by head of family – Whether binding on the family. |
| AYANRU V. MANDILAS LIMITED | LANDLORD AND TENANT:– Leasehold – Due execution of Deed of Lease – Whether established as required by law – How determined – Whether landlord is entitled to avoid terms of Lease by raising plea of non es factum |
| AYENI AND OTHERS V. DADA AND OTHERS | REAL ESTATE LAW:- Claim for damages for trespass and Injunction – Separate claim for declaration of title and forfeiture of rights as customary tenants – Recovery of possession – Claims consolidated – Wrongful admission of documentary evidence – Effect |
| AYENI V. OLUKOLU | LAND LAW:- Customary tenancy – Alienation of land by the customary tenant – Validity of |
| AYINDE V. SALAWU | LAND LAW:- Declaration of title – Failure of claim for title – Effect on claim for trespass LAND LAW:- Acts of possession over land – What constitute LAND LAW:- Failure of claim for declaration of title – Effect on claim for trespass |
| AYINLA V. SIJUWOLA | LAND LAW:- Declaration of title – Trespass -Possession – Injunction – Scope of Section 129 of the Evidence Act – Priority of registration – Section 16(1) of the Land Instruments Registration Law of Lagos State – Effect of title to land under native law and custom and possession – Ownership of land – Effect of possession on either equitable interest or legal estate |
| AYO ALABI & ANOR V. ADEGBOYE | REAL ESTATE:- Determination of the estate of a deceased person – Claim over land with certificate of occupancy |
| AYOADE A. ADEWUYI AND ORS. V. ANDREW AJUKO ODUKWE | REAL ESTATE – LAND LAW:– Declaration of title to land – Onus on claimant thereof. REAL ESTATE – LAND LAW:– Ownership of land – Ways to prove same |
| AYODELE V. OLUMIDE | |
| REAL ESTATE/LAND LAW:- Declaratory action -Plaintiff selling property to defendant and receiving part purchase price – Conveyance indicating that full price already paid – Defendant selling property to third parties and receiving full pay- Plaintiff taking action to claim lien on property and re-possession until balance of purchase price paid – Alternative claim for sale of property to enforce lien – Declaration that conveyance to purchasers in fraud of creditors – How treated | |
| AYOOLA V. ADEBAYO | |
| AZUOKWU V. NWOKANMA | LAND LAW:- Land disputes – Visit to locus in quo – Procedure therefor in local dispute |
| B.P. (WEST AFRICA) LIMITED V. ALLEN | REAL ESTATE – LAND INSTRUMENT:- Contract to build a house and contract to assign – Non-registration of – Admissibility of such contract in evidence |
| BABAJIDE V. AISA AND ANOR | |
| BABALOLA V. BABALOLA | LAND LAW:- Declaration of title under customary law and consequent relief – Claim that property was “seized in fee and in possession” – When considered not proved – Implication for requirement that party asking for declaratory relief over land to prove their case |
| BABANG GOLOK V. MAMBOK DIYALPWAN | |
| BABATOLA V. ALADEJANA | LAND LAW:- Boundaries of land in dispute – Onus on claimant in land dispute to prove same – Common way of establishing identity of land dispute – Mere mention of names – Whether sufficient identification of land |
| BABAYEJU V. ASHAMU | LAND LAW:- Family property – Sale by family head without consent of members – Effect – Sale by family members without consent of head – Effect – How treated LAND LAW – Family property – Who can sue to protect same |
| BADA V. PEREIRA | REAL ESTATE LAW:- Claim for declaration of title, damages for trespass, restraining injunction and order for rectification of Register of Titles – Mortgage of the property – Exercise of right of sale – How treated |
| BAINES V. TWEDDLE | REAL ESTATE LAW:- Contract for Sale of Land – Rescission of – Where based on vendor’s objection with which buyer unable to comply with – Effect REAL ESTATE LAW:- Mortgaged property sold free from incumbrances – Where no inquiry made before contract – Whether mortgagees obligated to join in conveyance – Refusal of mortgagees to join in conveyance – Whether vendor lost right to rescind by reason of recklessness in signing contract – Law Society’s Conditions of Sale (1953), cl 10(1) |
| BAKARE AJAKAIYE AND ANOTHER V. LIEUTENANT-GOVERNOR, SOUTHERN PROVINCES | REAL ESTATE/LAND LAW:- Nigeria – Title to Land – Island of Lagos – Land held under native Title – Failure to claim under Ordinance – Construction of Ordinance – Descriptive Title of Ordinance not exhaustive – Ikoyi Lands Ordinance (No. 16 of 1908, Southern Nigeria), s. 7. |
| BALOGUN AND ORS V. AKANJI AND ORS | LAND LAW:- Declaration of title – Claim thereof – Where fails – Whether claim for trespass must also fail LAND LAW:- Title to land – Proof of – Acts of possession – Reliance on to establish title to land – Import of LAND LAW:-Title to land-Ways of proving same. LAND LAW:- Title to land- Proof by traditional history and proof by acts of possession-Distinction between-Incidence of each |
| BALOGUN V. SALAMI AND OTHERS | LAND LAW:- Registration of Titles Act – Non entry of caution and/or objection to first registration – Title of a subsequent registered owner being a purchaser for value – Validity of LAND LAW:- Registration of Titles Act- Ss. 10, 43, 52 and 54- Their purport and effect on registration of title. LAND LAW:- Title – Plaintiff deriving title from a registered title holder – Defendants in possession – Failure of plaintiff to investigate interest in property – Effect |
| BALOGUN V. AFOLAYAN | |
| BALOGUN V. U. A .C OF NIGERIA LTD | LANDLORD AND TENANT:- Petrol filling station – Whether premises within Recovery of Premises Ordinance LANDLORD AND TENANT:- Relationship of – Who is a tenant? |
| BAMGBALA V. ALADE | LAND LAW:- Declaration of title – Reliance on conveyance as proof of title – Duty on claimant thereto LAND LAW:- Declaration of title to land – Possession – Burden of proof – Section 145, Evidence Act in review |
| BAMGBALA V. DEPUTY. SHERRIFF.LAGOS C.F.A.O. | |
| BAMGBOSE V. JIAZA | LAND LAW:- Family land – Alienation of without consent of head of family – Effect. LAND LAW:- Family land -Alienation of without consent of principal members of family – Effect. LAND LAW:- Family land – Right to alienate family land – How delegated – Effect of lack of proper delegation |
| BAMGBOYE V. OLUSOGA | LAND LAW:- Declaration of title – Plaintiff claiming title through a grant by particular family – Need to plead and prove root of title of the family – Failure to do so – Consequence of LAND LAW:- Declaration of title – Plaintiff failing to prove title but proves possession – Whether entitled to judgment for trespass |
| BAMISHEBI V. FALEYE | LAND LAW:- Trespass and injunction – Party in lawful occupation – Whether trespass cannot be granted against same |
| BANDAR PROPERTY HOLDINGS LTD. V. J. S. DARWEN (SUCCESSORS) LTD. | LANDLORD AND TENANT:- Lease Agreement –Construction of – Implied term – Covenant by lessors to insure demised premises – Covenant by lessees to reimburse, lessors in respect of premium – Cover effected by lessors at premium higher than could have been obtained elsewhere– Whether lessees liable to pay excess – Whether term to be implied that lessors to act reasonably in placing insurance so as not to impose unnecessarily heavy burden on lessees |
| BANJO V. AIYEKOTI | LAND LAW:- Declaration of title – Damages for trespass and injunction – Possession of land – Propriety of claim for trespass and possession at the same time |
| BANK OF THE NORTH LIMITED V. SUARAU AKOREDE | |
| BANK OF THE NORTH LTD. V. AKINTOYE | LAND LAW:- Mortgage- · Enforcement of contract |
| BANKOLE AND ANOR V. WILLIAMS | |
| BARCLAYS BANK D.C.O. V. MEMUNATU HASSAN | REAL ESTATE/LAND LAW – MORTGAGE:- Creation of equitable mortgage over landed property – Relevant consideration REAL ESTATE/LAND LAW – EQUITY: – Specific Performance – Execution of Legal Mortgage in lieu of Equitable Mortgage – How treated |
| BARIDAM V. STATE | |
| BARO BAJODEN AND ANOTHER V. IROMWANIMU AND ANOTHER | LAND LAW:- Customary tenancy – Incidents and terms of -.When unnecessary to plead LAND LAW:- Native law, and custom – Applicable native law and custom under which ownership of land is held – Whether plaintiff required to proof where averment thereof not denied by the defendant. LAND LAW:– Survey plan – Where identity of land not in dispute – Whether necessary in an action for declaration of title – Relevant consideration. LAND LAW:- Proof – Survey plan – Whether must he tendered by maker in all cases – Relevant consideration – Ordia v. Piedmont (Nig j Ltd. (1995) 2 NWLR (Pt. 379) 516 distinguished |
| BASHUA V. MAJA | LAND LAW:- Declaration of title – Damages for trespass to land – Injunction against defendant – Recovery of possession of land – Appellant in possession of land – Root of title traced to different families – Whether judgment against weight of evidence. |
| BASSEY V. OGUA | LAND LAW:- Damages for excessive use – Failure of claimant to prove – Effect. |
| BATURE V. STATE | |
| BEESLY V. HALLWOOD ESTATES LTD. | REAL ESTATE AND LAND LAW:- Deed – Escrow – Lease – Lease executed by landlord company – Delivery of counterpart – Whether landlord bound to exchange lease for counterpart |
| BELLO ADELEKE V. BENJAMIN ADEWUSI | |
| BELLO BARAU V. INFLUENCE CHABA | |
| BELLO MUSA MAGAJI V. ALHAJI ISHOLA ARE OGELE | LAND LAW:- Duty of a party who seeks for declaration of title or right of occupancy to any land – Methods of proving title to land – Burden of proof where reliance is placed n traditional history LAND LAW:- Slavery – Whether can serve as a viable shield or defence to a lawfully acquired title over land – Whether a defence of jus tertii can be used to defeat a grantor’s title in land – When the court should apply the principle of law evolved in the case of Kojo II vs. Bonsie LAND LAW:- Forfeiture under customary land – Meaning of – Acts of misbehaviour that will ground or attract forfeiture against a customary tenant |
| BELLO SALAMI & ANOR. V. ALHAJI ADETORO LAWAL | LAND LAW:- Trespass – Whether a trespasser can maintain an action in trespass |
| BELLO V. THE DIOCESAN SYNOD OF LAGOS | REAL PROPERTY/LAND LAW – TITLE:- Declaration of title based on credible traditional history – Tenancy based on payment of ishakole – Recognition of overlordship – Validity of claim for injunction trespass by tenant in possession |
| BELLO V. EWEKA | LAND LAW:- Proof of title over land – Bini Customary land tenure – Priority of competing titles – Sale to plaintiff by common vendor after Oba of Benin’s approval of prior sale to defendant – Nullity of sale to plaintiff |
| BENEDICT UDEORAH & ORS V. OKWUNDU NWAKONOBI & ORS | LAND LAW – PROOF OF TITLE TO LAND:- Modes of proving title to land in an action for declaration of title to land |
| BENJAMIN V. BANIGO | REAL ESTATE:- Declaration of title over land – Plan of land not counter-signed by Director of Surveys – Effect thereof |
| BENNETH UDE AGU V. MAXWELL NNADI | REAL ESTATE – LAND LAW:– Exclusive right – Onus on appellant who based his claim on exclusive right to aver and prove same. |
| BENSON EBIRIM DURUCHUKWU V. HILARY NTIASHAGWU | LAND LAW/REAL ESTATE:-Declaration of title to Customary rights of occupancy over a piece of land – Suit via customary court of appeal – Appellate Jurisdiction – Grounds of Appeal which may be entertained by Customary Court of Appeal |
| BLAND V. INGRAM’S ESTATES LTD AND OTHERS | REAL ESTATE:- Landlord and tenant – Relief against forfeiture – Right to apply for relief – |
| BOCK V. BOCK | |
| BOHSALI AND CO.LTD V. ARIKPO | |
| BONIFACE NNORODIM V. EZE PAUL EZEANI | LAND LAW:– Disputed land – right over same – Identity of land in dispute – Failure to identify same – Effect of |
| BONNY V. YOUGHA | LAND LAW:- Action for Declaration of title to land and Injunction – Appeal from Customary Court to High Court – When High Court can amend previous award of Customary Court as to Declaration of Title – Whether trial Court cannot in new action alter injunction given in earlier case |
| BOOTH V. THOMAS | REAL ESTATE/ LAND LAW:- Landlord and Tenant – Lease – Adjoining Landowner – Confinement of natural Stream in Culvert – Non-repair of Culvert – Damage to Lessee – Breach of Covenant for quiet Enjoyment – Derogation from Grant – Omission of a Duty – Liability of Lessor |
| BOSINDE AYUYA & ORS. V. CHIEF NAGHAN YONRIN & ORS. | LAND LAW – OWNERSHIP OF LAND:- Dispute as to ownership of land – What claimant must prove to succeed |
| BOYE INDUSTRIES LIMITED & ANOR. V. ADISA SOWEMIMO | LAND LAW – CERTIFICATE OF OCCUPANCY:- Whether a certificate of occupancy can confer title where there was none prior to receiving the certificate of occupancy |
| BOYER V. WARBEY | LAND LAW – LANDLORD AND TENANT:- Rent restriction – Lease provides for payment by tenant of £40 at end of tenancy towards redecoration – Assignee holds over as statutory tenant – Possession given up – Three months’ notice to quit not given – Liability of statutory tenant to pay rent after giving up possession – Whether liability to pay £40 binding on statutory tenant – Increase of Rent and Mortgage Interest (Restrictions) Act, 1920 (10 & 11 Geo. 5, c. 17), s. 15 (1). |
| BRAIMAH V. ABASI | LAND LAW:- Proof of title to land – Reliance on forged document – Effect LAND LAW:- Purchaser for value without notice – Connotation of LAND LAW:- Rectification of Register of Titles – Failure to observe due diligence in the purchase of real estate – Effect – whether Section 53(1) & (2) of the Registration of Titles Law, Cap. 166, Laws of Lagos State, 1994 can validate spurious transfers |
| BREEDY V. KHALIFE | LAND LAW – LANDLORD AND TENANT:- Recovery of possession – Landlord requiring Premises for his parents to occupy – Onus of proof on each party |
| BRENDAN IWUCHUKWU V. DAMIAN ANYANWU | PROPERTY AND REAL ESTATE LAW:- Pledge – Nature and existence of – How determined LAND LAW:- Pledge of land – Redemption of- Whether time bar operates to encumber or foreclose – Remedy of pledgor in event of pledgee’s refusal to deliver land back to him |
| BRIGBO V. PESSU | LAND LAW:- Claim for declaration of title to land – Onus of proof – Where dependent on facts asserted by claimant – Duty as to evidence thereto |
| BRIGGS V. BRIGGS | LAND LAW:- Declaration of title, trespass and injunction – Evidentiary burden on plaintiff claiming – Whether can be discharged via admissions made by defendant LAND LAW:- Land dispute – Parties tendering different plans in respect of same piece of land – What trial court should do |
| BRISTOL & WEST BUILDING SOCIETY V. HENNING AND ANOTHER | PROPERTY AND REAL ESTATE LAW:- Mortgage – Possession of mortgaged property – Adverse interest – Equitable interest – Priority between mortgagee’s interest and equitable interest – How resolved PROPERTY AND REAL ESTATE LAW:-Matrimonial home – Man sole owner at law – Mortgage first legal charge on property – Mortgage granted with woman’s knowledge and approval – Man ceasing to pay mortgage instalments – Whether woman having beneficial interest in property – Whether woman having irrevocable licence to remain in house – Whether woman’s interest having priority over mortgagee’s interest |
| BRITT V. BUCKINGHAMSHIRE COUNTY COUNCIL | PROPERTY AND REAL ESTATE LAW:- Town and Country Planning – Amenity – Notice to abate injury to amenity by condition of vacant site or open land – Use of land in agricultural area as car dump – Established use since before 1947, but no express planning permission granted – Validity of notice – Town and Country Planning Act, 1947 (10 & 11 Geo 6 c 51), s 33(1). |
| BUCKNOR-MACLEAN and ANOR V. INLAKS LIMITED | LAND LAW/REAL ESTATE:- Registration of titles – Lease of registered land – Whether null and void for failure to use the prescribed form – Effect |
| BULAI V. OMOYAJOWO | |
| BURAIMOH V. BAMGBOSE | LAND LAW:- Declaration of title – Issues before the court LAND LAW:- Declaration of title – Plaintiff relying on strength of own case and not on weakness of defence – Recognized exceptions LAND LAW:- Declaration of title – Plaintiff tracing title to original owner – Shift of onus of proof. |
| C. G. C. NIGERIA LIMITED V. ALHAJI HASSAN BABA | LAND LAW:– Interlocutory injunction – Application for same – Need for certainty of actual area of land litigated upon LAND LAW:– Survey plan – Need to file same – When filing can be dispensed with LAND LAW:– Survey plan – Whether failure to file same is fatal in all land cases |
| CALABAR CENTRAL CO-OPERATIVE V. EKPO | LAND USE ACT:- Sections 22 and 26 – non compliance with provisions – Effect of |
| CALISTUS NWANJOKU V. ALEXANDER MBONU & ORS | REAL ESTATE/LAND LAW:– Difference between a pledge and a sale transaction |
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES
