CASES/JUDGMENTS ON REAL ESTATE AND PROPERTY LAW (5)
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CASES/JUDGMENTS ON REAL ESTATE AND PROPERTY LAW (5)
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| TITLE | MAIN ISSUES |
| EZENNAH V. ATTA | LAND LAW:- Certificate of occupancy – Legal basis – Whether in substance a lease vesting a term of years absolute or a lease for a number of years stated therein – Whether the greatest legal estate that can now subsist under the Land Use Act is a term of years – Where properly issued by a competent authority – Whether raises the presumption that the holder is the owner in exclusive possession of the land in respect thereof – Whether raises the presumption that at the time it was issued there was not in existence a customary owner whose title has not been revoked – How rebutted LAND LAW:- Claim of title to or ownership of land – What claimant must prove – Idundun vs. Okumagba reaffirmed – Claim founded on Resulting trust arising from Certificate of Occupancy registered in another’s name – Necessary considerations |
| EZEOKAFOR UMEOJIAKO & ANR V. AHANONU EZENAMUO & ORS | LAND LAW:- Certificate of occupancy – Legal basis – Whether in substance a lease vesting a term of years absolute or a lease for a number of years stated therein – Whether the greatest legal estate that can now subsist under the Land Use Act is a term of years – Where properly issued by a competent authority – Whether raises the presumption that the holder is the owner in exclusive possession of the land in respect thereof – Whether raises the presumption that at the time it was issued there was not in existence a customary owner whose title has not been revoked – How rebutted LAND LAW:- Claim of title to or ownership of land – What claimant must prove – Idundun vs. Okumagba reaffirmed – Claim founded on Resulting trust arising from Certificate of Occupancy registered in another’s name – Necessary considerations |
| EZEOKAFOR V. OTALUKA | LAND LAW:- Declaration of title, – Injunction – Trespass – Kola tenancy – Action for trespass – Purchase of the land by second agreement contrary to the first – Breach of covenants – Plaintiff entitled to bring action for forfeiture initially and not for declaration – Payment of monies due – Appeal allowed |
| EZEOKEKE V. UGA | LAND LAW:- Declaration of title – Identity of land must be ascertainable |
| EZUKWU V. UKACHUKWU | LAND LAW:- Declaration of title – Parties relying on traditional evidence – How veracity of such traditional evidence may be tested LAND LAW:- Jurisdiction of High Court in land matters – Whether limited to land in urban area. LAND LAW:- Possession and occupation – Relationship and distinction between LAND LAW:- Title to land – Identity of land in dispute – How proved – Onus on plaintiff with respect thereto – Name of land – Whether material in determination of – Whether name of land is indicative of ownership |
| EZULUMERI OHIAERI V. ADINNU AKABEZE | LAND LAW:- Proof of ownership – Traditional history-Projection of two competing histories – Effect of – Evidence of traditional history – Accepted method of establishing title to land |
| EZUMA V. UGWA | LAND LAW:- Crown lands – Declaration of title in respect of – Jurisdiction of native court to entertain |
| F. C. D. A. V. SULE | |
| FABUNMI V. AGBE | Land Law – Claim for declaration of title – Damages for trespass – Injunction – Counter claim for damages for trespass – Failure of plaintiff to prove or show good title – Defendant proving possession – Effect. |
| FABUMIYI AND ANOTHER V. OBAJI AND ANOTHER | |
| FAGBEMI V. FAKOREDE AND ORS | LAND LAW:- Claim for declaration of title – Damages for trespass – Injunction – Right of Head of Family to sue on behalf of family without leave of the court |
| FAGBEMI V. ALUKO | LAND LAW:- Declaration – Title to land – Equitable Doctrine of laches – Principles guiding courts in application of doctrine |
| FAHM V. CHAIRMAN, L.E.D.B. | REAL ESTATE/LAND LAW: Customary tenancy – Domestics/slaves of an overlord – Compulsory acquisition of family property – Whether domestics entitled to share in compensation. |
| FALAJU V. AMOSU | LAND LAW:- Yoruba Customary Law – Declaration of title – Injunction – Possession – Sale by family member of family land with his uncompleted house thereon without family’s consent – Whether defendant’s conveyance null and void notwithstanding improvements on the land by allottee – Family’s right to succeed against defendant |
| FAKOYA V. ST. PAUL’S CHURCH, SHAGAMU | LAND LAW:- Contract for sale of land – Whether registrable instrument – How treated LAND LAW:- Unregistered land instrument – When admissible in evidence |
| FARO V. CAMERON COLE | LAND LAW:- Land Registration Ordinance – Prior Registration of land by Defendant- Section 16 Lands Registration Ordinance – Effect |
| FASORO AND ANOTHER. V. BEYIOKU AND OTHERS | REAL ESTATE – LAND LAW:– Interlocutory injunction – Whether court can grant without the filing of survey plan |
| FATOYINBO V. WILLIAMS | LAND LAW – CUSTOMARY HOLDING:- Ownership of real estate – Proof – Weight of oral evidence as to gift of land set against oral evidence of gift backed up by documentary evidence (a deed of gift, Exhibit °H”) to support same – Duty of court thereto |
| FEDERAL ADMINISTRATOR GENERAL V. CARDOSO | LAND LAW:- Claim for – Declaration that mortgagor’s equity of redemption is extinguished – Damages for trespass – Injunction – Effect of section 7 of the Real Property Limitation Act, 1874. |
| FEDERAL MORTGAGE BANK OF NIGERIA V. DR. OLUSOLA ADESOKAN | REAL ESTATE AND PROPERTY LAW – MORTGAGE:– Nature of Deposit of title deeds – Legal implication |
| FEDERAL PUBLIC TRUSTEE V. SOBAMOWO | |
| FELIX ANYAKORA & ORS. V. NWAFOR OBIAKOR & ORS. | LAND LAW – PROOF OF TITLE TO LAND:- Where a person proves better right to possession or occupation of a piece of land in dispute – Whether the law ascribes such possession and/or occupation to him – Effect |
| FELIX CHINDA V. AMADI | LAND LAW:– Ownership of land and acts of ownership – Relationship between LAND LAW:– Subsisting judgment of court – Whether a party can claim an interest in land contrary to terms of subsisting judgment LAND USE ACT – Classification of land as urban or rural – How determined |
| FETUGA V. BARCLAYS BANK D.C.O. | |
| FINIMA VENTURES LIMITED & ANOR V. CHIEF YOUNG S. TOBIN & ORS | LAND LAW – LEASE:- Whether a person other than the purported landlord can lay a claim to rent |
| FIRST BANK OF NIGERIA V. IFIOK EYO I. AKPAN & ANOR. | |
| FIRST NATIONAL SECURITIES LTD. V. JONES AND ANOTHER | REAL ESTATE AND PROPERTY LAW: -Deed – Execution – Seal – Mortgage – Printed form described as legal charge – Document in form of deed with circle inscribed “L.S.” – Signature across circle – Document attested but no seal affixed or wafer – Whether due execution. |
| FOLAMI V. COLE | |
| FOLORUNSO OLUSANYA V. ADEBANJO OSILEYE | LAND LAW:– Equitable easement – Meaning of |
| FOMBO V. RIVERS STATE HOUSING AND PROPERTY DEVELOPMENT AUTHORITY | LAND LAW: – Sale of land – Claim for setting aside same by tenant – Whether proposals made by a Government committee concerning post Civil War ‘ abandoned’ properties are legally enforceable – Relevant considerations |
| FOREIGN FINANCE V. L.S.D.P | LAND LAW:- Right of Occupancy – Revocation of – Power of court to invalidate – Whether also extends to cases where reasons or grounds for invalidation are not pleaded – Effect of non-joinder of State Government – Plea of revocation |
| FOUNTAIN FORESTRY LTD V. EDWARDS AND ANOTHER | |
| FRANCIS EKHAISE V. OSARETIN ODEH | LAND LAW:- Declaration of title – Nature of – Refusal of court to grant possession – Whether court would grant title |
| FRIDAY KAMALU & ORS V. DANIEL NWAKUDU UKA UMUNNA & ORS | LAND LAW – DECLARATION OF TITLE TO LAND: When Court can dispense with survey plan of a land |
| G. K. LADENBAU (U.K.) LTD. V. CRAWLEY and DE REYA | |
| G. CAPPA LTD V. FERREIRA | |
| G.A. ELEMIDE V. M. OBAWUNMI AND OTHERS | LAND LAW – Declaration of title – Trespass – Injunction – Reliance of trial Judge on earlier judgment – Misdirection – Proper order of appellate court – Retrial or review of evidence available from lower court. |
| GABRIEL ERIM V. THE STATE | |
| GABRIEL MADUKOLU, AND OTHERS V. JOHNSON NKEMDILIM | REAL ESTATE:- Res Judicata – Identity of Issues – Action for rent grounded upon claim of grant of Tenancy by Plaintiff as Owner – Dismissal of Claim-Later Action by Plaintiff against Defendant for Declaration of Title to the lands – Issue of tenancy in rent case dependant upon issue of title – Dismissal of rent case res judicata action for Declaration of Title |
| GAFARI YISAU V. THE STATE (2) | |
| GAIUS EGEMASI & ORS V. AGIM DURU ONYEKWERE & ANOR | |
| GAJI V. PAYE | LAND LAW:- Ownership of land – Exercise of – Extent of – Maxim: “Quic quid plantatur solo solo cedit” – Operation of LAND LAW:- Sale of land – Contract for sale of land – When court will order specific performance of LAND LAW:- Sale of land under customary law – Requirements of – Whether need be in writing |
| GALLIE V. LEE AND ANOTHER | |
| GANSALLO V. IDOWU | LAND LAW:- Declaration of title – Long and undisturbed possession – Laches and acquiescence of owner – Attitude of Court |
| GARUBA V. YAHAYA | |
| GBADAMOSI RABIU V. SILIFATU ABASI | LAND LAW:- Customary land law-Family property-Improvements made on family property by member of family – Effect of LAND LAW:- Customary land law – Yoruba customary law of inheritance – Grandchild of an intestate deceased – Father of grandchild not surviving the deceased – Whether grandchild entitled to share in deceased’s real estate |
| GBADEBO SHITTU OLOWOAKE V. YEKINNI SALAWU | REAL ESTATE AND LAND LAW:– Valid sale of land under customary law – Constituents of |
| GBAJUMO BUNYAN & ORS. V. A. O. AKINGBOYE & ORS | REAL ESTATE – LAND LAW – DECLARATION OF TITLE TO LAND: Onus of proof |
| GBARUKO AND ANOTHER. V. IROEGBU AND ANOTHER | LAND LAW:- Declaration of title – Plea of Res Judicata |
| GEORGE OKAFOR & ORS. V. EZE A.E. IDIGO III & ORS | LAND LAW – TITLE TO LAND:- What is required to sustain claim for a declaration of title and proof of ownership of land in dispute |
| GEORGE WIMPEY AND CO. LTD V. SOHN AND ANOTHER | LAND LAW:- Vendor and Purchaser – Defective title – Right to rescind contract – Contract for sale of hotel and garden – Title to garden to be established by statutory declaration as to 20 years’ undisputed possession – Vendor’s failure to prove – Whether purchaser obliged to accept alternative means of proving title. |
| GIDRXSLME SHIPPING CO LTD V. TANTOMAR-TRANSPORTES MARITIMOS LDA | |
| GILBERT EZEIGWE V. AWAWA AWUDU | LAND LAW:- Declaration of title: On burden of proof of plaintiff in same. |
| GIWA V. OTUN | REAL ESTATE/LAND LAW:– Land held under a trust deed for use of its beneficiaries as tenants in common and joint tenants – Request for Partition or sale at instance of majority of beneficiaries – Provisions of Trust Deed precluding sale – Whether can be ignored by court in exercise of its equitable jurisdiction – Relevant considerations REAL ESTATE/LAND LAW:– Land holdings – Tenancy in common and Joint tenancy – Effect – Rights of minority under a tenancy in common – Duty and discretion of court – How exercised |
| GLOVER V. ABARI | LAND LAW:- Land claim – Claimant in undisturbed possession – Application for Enfranchisement – Section 7(1), Epetedo Lands Ordinance, 1947 – Objection thereto – Effect. |
| GOLD V. OSASEREN | LAND LAW:- Claim for declaration of Title to land -Judge on appeal re-hearing the case -Judge consulting and making use of evidence which was on the record before him though not given during the re-hearing by him – Whether proper – Customary Courts Law. W.N., s. 53. |
| H. R. SANYAOLU V. MRS SHOLA COKER & ORS. | |
| HABIB ALHAJI BUKAR V. ALHAJI BASHIR | REAL ESTATE/LAND LAW – PROOF OF OWNERSHIP TO LAND:- Five (5) ways of proving title to land – (i) Traditional evidence, or (ii) Production of documents of title which are duly authenticated, or (iii) Acts of selling, leasing, renting out all or part of the land, or farming on it or on portion of it, or (iv) Acts of long possession and enjoyment of the land, or (v) Proof of possession of connected or adjacent land in circumstances rendering it probable that the owner of such connected land would in addition, be the owner of the land in dispute – Duty of parties thereto |
| HADA V. MALUMFASHI | LAND LAW:- Declaration of title to land under Islamic law – Principle of hauzi (prescription) – What it connotes – When it arises – Exceptions to the principle LAND LAW:-Title to land – Acquisition by hauzi (prescription) through possession – When it arises. |
| HAIGHTONS (W.A.) LIMITED V. ADEROGBA AJAO & OTHERS | LAND LAW:- Landlord and Tenant – Breach of Contract – Tenant altering property without consent of landlord – Waiver – Legal requirements before it can be established |
| HAJJA FALMATA KULWA V. BUKAT TORBE & ORS. | LAND LAW – OWNERSHIP: – Joint Ownership and neighbourhood – Distinction thereof – Whether joint ownership gives the right of pre-emption which being a neighbour per se does not |
| HAMMED V. AFOLARANMI | Declaration of title over land – Defendant building on Plaintiff’s land – Whether maxim “Quidquid plantatur solo, solo cedit” applies |
| HAMMOND V. ALLEN AND OTHERS | REAL ESTATE AND PROPERTY LAW:- Agricultural holding – Repairs – Maintenance and repair of fixed equipment – Notice to repair served by tenant on landlord – Landlord serving counter-notice for determination of dispute by arbitration – Counter-notice served out of time – Whether counter-notice valid – Whether time of essence in service of counter-notice – Agricultural Holdings Act 1986, s 7 – Agriculture (Maintenance, Repair and Insurance of Fixed Equipment) Regulations 1973, Sch, paras 12, 15. |
| HAND V. HALL. | REAL ESTATE/LAND LAW:- Landlord and Tenant – Agreement, Construction of – Demise, Actual or Contingent – Option to Lessee to continue holding for Three Years beyond a Demise for a Year |
| HARBOUR V. ERONINI | |
| HARMER V. JUMBIL (NIGERIA) TIN AREAS | REAL ESTATE/LAND LAW:- Lease – Explosives Magazine – Packing Shed – Licences – Buildings within prohibited Distances – Grant – Derogation – Covenant for quiet Enjoyment – Implied Obligations – Explosives Act, 1875 (38 & 39 Vict. c. 17), ss. 5, 6. |
| HART V. HART | REAL ESTATE/LAND LAW:- Party in possession of premises which is subject of proceedings for claim for the delivery up of possession – Where order is granted – Duty to obey – Whether refusal to comply and render up possession renders party a trespasser |
| HASSAN AND ORS V. ALHAJI SUFIANU AMINU AND ORS | LAND LAW:– Action for forfeiture – Award of damages therein – Whether proper LAND LAW:– Claim for ‘reclamation’ of land – Whether known to Nigerian law. |
| HASSAN V. JAURO | LAND LAW:– Proof of possession – How determined – presumption of possession in favour of the person having title to land LAND LAW:– Trespass to land – Plaintiff who has established his title to land and trespass by a defendant – Whether entitled to damages and injunction |
| HASSAN GARBA V. MUSA LAWAN BIRNIWA & ANOR | REAL ESTATE/LAND LAW:- Court with jurisdiction to hear land matters – Whether there is nothing in sections 39, 41 and 42 of the Land Use Act that conferred any jurisdiction on the Federal High court to entertain land cases or matters |
| HELEN NKUME V. THE REGISTERED TRUSTEES OF THE DIOCESE OF ABA | LAND LAW:- Trespass – Action therein – Who can maintain |
| HENRY OGBONNA & ANOR V. CHIEF SYLVESTER JUMBO & ORS | LAND LAW – TITLE TO LAND:- Traditional evidence – As one of the ways by which title to land may be proved |
| HERVIE V. NANA OSAM WIRISI III | LAND LAW:- Claim for specific performance of an agreement for the sale and conveyance of land – Court with jurisdiction to hear same – Whether Land Court or Native Court – Relevant considerations |
| HIMMA MERCHANTS LTD. V. ALHAJI INUWA ALIYU | |
| HIS HIGHNESS EREJUWA II THE OLU OF WARRI V. KPEREGBEYI | |
| HIS HIGHNESS V. A. OTITOJU | |
| HL (4) LTD V. WALTER AMBROSINI AND ANOTHER | LAND LAW:– Mortgages – Possession proceedings – Judge finding that he ought not to postpone giving the mortgagee possession – Whether mortgagor should be granted leave to appeal against decision |
| HOGAN V. OGUNYEMI | REAL ESTATE/LAND LAW – TENANCY:- Tenancy contract – Liability of landlord to effect repairs – Duty of tenant to communicate existence of damage to landlord – Where discharged – Whether negatives case of negligence against tenant |
| HOME DEVELOPMENTS LTD. V. SCANCILA CONTRACTING CO. LTD. | |
| HOMES V. NEWMAN. – CWL | LAND LAW: – Action to Establish Charge on Land by Deposit of Title Deeds – How treated |
| HON. ANTHONY OGUEJIOFOR & ORS V. HYACINTH EJIDIKE & ORS | LAND LAW:- Whether a claim for Declaration of title can be made against a member of the family in respect of communal land |
| HON. CHRISTIAN O. AGA & ORS. V. JEREMY C. ONAH & ORS | |
| HONIKA SAWMILL (NIG.) LTD, V. HOFF | |
| HUNT V. WORSFOLD | REAL ESTATE/LAND LAW:- Possession of land under mortgage – Party seeking invalidation of mortgage or to have the mortgage put out of his way or so far as the mortgage deed may be held to be a charge on the property, for an account of what is due on the mortgage and for redemption – How treated |
| I. O. EYESAN V. Y.O. SANUSI | |
| IBANGA V. USANGA | LAND LAW:- Claim for damages for trespass and injunction – Pleadings – Need to properly plead and adduce evidence in support of claim |
| IBENWELU V. LAWAL | |
| IBRAHIM V. MOHAMMED | LAND LAW – LAND USE ACT – Section 5(2) of the Land Use Act 1978 – Scope of – Supreme Court decisions in Saude v. Abudullahi, Titiloye v. Olupo and Dabup v. Kolo – Whether obiter dicta and therefore not binding on the Supreme Court with respect to the interpretation of section 5(2) of the Land Use Act 1978 LAND LAW – LAND USE ACT:– Section 5(2) of the Land Use Act 1978 – Need to interpret same having regard to the provisions of the whole Act and need to give effect to the intendment of the Act |
| IDEAL FILM RENTING COMPANY, LIMITED V. NIELSEN | REAL ESTATE:- Landlord and Tenant – Underlease – Covenant not to assign without Consent – Cross-covenant by Lessor – Consent not to be unreasonably withheld – Private Company – Voluntary Liquidation – Reconstruction – Refusal of Consent to Assignments – Reasonableness. |
| IDEWU INASA AND OTHERS V. SAKARIYAWO OSHODI | LAND LAW:- Occupier under customary law – Eviction for asserting rights inconsistent with occupation licence – Need to obtain forfeiture order before eviction – Category of persons affected by such order – Whether does not extend to |
| IDOWU V. ABAYOMI | LAND LAW:- Family property – Sale by one or more members as personal properties – Effect – Validity of sale of by one or more members purporting to act for the whole family |
| IDRIS GARBA V. BABANGIDA LAWAL | REAL ESTATE/LAND LAW – TITLE TO LAND – PURCHASE OF LAND UNDER CUSTOMARY LAW:- How proved – Need for purchaser to his vendor or other persons who witnessed the transaction to testify REAL ESTATE/LAND LAW – TITLE TO LAND:– Rule that it is the plaintiff who is claiming a declaration of title to land who bears the burden of proof to establish by the preponderance of evidence his claim to the land in dispute – Whether plaintiff will fail if he does not succeed in establishing his claim before the Court regardless of the weakness of the defence |
| IDRIS OLOYEDE ASANIKE V. MRS. OJUOLAPE AKINLEYE & ANOR | REAL ESTATE/LAND LAW – DECLARATION OF TITLE TO LAND – TRESPASS:- How determined – Relevant considerations REAL ESTATE/LAND LAW – SURVEY PLAN:– Proof of title to land – Whether failure to attach a survey plan of land in dispute is fatal to plaintiff’s claim even where the land is known to the parties – When the issue of the identity of the land in dispute is deemed not to arise in an action for land |
| IDUNDUN V. OKUMAGBA | LAND LAW:– Ownership of land – five ways of proving same. |
| IGA AND OTHERS V. AMAKIRI AND OTHERS | LAND LAW:- Declaration of title – Joint ownership with appellants denied by respondents – Declaration on oath against interests by head of Appellants’ house in previous suit – Effect – Evidential value – Admission – Whether estoppel. |
| IGBINOKPOGIE V. OGEDEGBE | LAND LAW:- Interest over land – Where acquired by a third party – Effect on terms of settlement filed earlier in respect of the land |
| IGBINOSA V. AIYOBAGBIEGBE | |
| IGBODIN AND OTHERS . V. OBIANKE AND OTHERS . | LAND LAW:- Declaration of title – Damages for trespass – Order of injunction claimed – Documentary evidence – S.90(2) Evidence Act – Expunction of evidence. |
| IGBONGIDI V. UMELO | LAND LAW:- Abandoned property – Fact of non-abandonment – How established- Instrument of transfer of abandoned property – Effect of LAND LAW:- Abandoned property – Instrument of transfer – Nature of interest or right so transferred – Abandoned Property Edict, No.8, 1969, section 18(c) considered. LAND LAW:- Abandoned property – Instrument of transfer – Whether a registrable instrument |
| IGE V. AKOJU | LAND LAW:- Title to land – How plaintiff may prove claim – Boundaries of land in dispute – Conflicting evidence of party thereon – Probative value of |
| IGE V. OBIWALE | |
| IGWE V. UKWEJE | LAND LAW:- Declaration of title – Onus of proving exclusive ownership |
| IGWEGO AND OTHERS V. EZEUGO AND OTHERS | LAND LAW:- Declaration of title to customary land -Conditional grant of possession -When may revert. |
| IHENACHO V. UZOCHUKWU | LAND LAW:- Trespass to land – Action for – When trespasser can sue another trespasser. LAND LAW – LAND LAW:- Wrongful ejection of occupier of premises – Claim for – Whether, requires existence of tenancy relationship. , LAND LAW – LANDLORD AND TENANT:- Ejection of tenant by force – Legality of. |
| IJAOBA V. LA SOCIETE COMMERCIALE O | REAL ESTATE LAW:- Equitable Mortgage by deposit of title deeds as guarantee of employee’s indebtedness to Mortgagees – Retention of title deeds by Mortgagees after demand made and employee not indebted – Subsequent damage suffered by Mortgagors–Liability of Mortgagees – Measure of Damages. |
| IKE V. ANUSIE | LAND LAW:- Claim for Declaration of title and claim for fixing a boundary – Distinction thereof |
| IKE V. NZEKWE | LAND LAW:- Declaration of title – Damages for trespass – Perpetual injunction |
| IKE V. ODUMA | LAND LAW:- Declaration of title – Discrepancy in plans tendered by parties – Plans admitted by consent – Impropriety of |
| IKEDIFE V. OBIENU | LAND LAW:- Acquisition of Land – Compensation paid to family of defendant refused – Agreement that action in court be withdrawn on payment of expenses incurred and after both parties had jointly addressed letter to court to that effect – Non-fulfilment of condition though expenses paid – Non withdrawal of case in time – Contract action brought for money had and received for a consideration that had totally failed – Damages for breach of contract – Competence of agent to bring action alone against defendant without disclosing capacity. |
| IKENYE V. OFUNE | LAND LAW:- Claim for declaration of customary right of occupancy – Damages for trespass – Injunction. |
| Ikko Kashadadi V. Ingila Sarkin Noma | |
| IKPANG V. EDOHO | LAND LAW:- Trespass to land – Claim for damages, injunction – Land Compulsorily acquired – Whether action maintainable for trespass committed pre-acquisition. |
| IKWEKI AND ORS. V. EBELE AND ORS. | LAND LAW: Title to land – Claim for declaration – Relevant considerations |
| IKYEREVE IORDYE V. TOR IHYAMBE | REAL ESTATE – LAND LAW:– Declaration of title to land – Need to clearly show identity of land claimed – Onus on Plaintiff thereto – How discharged |
| ILEDARE V. AJAGBONNA | LAND LAW:- Dispute as to Title over land – Possession by defendant – When it can he relied upon to defeat plaintiff’s case – Section 146 Evidence Act considered |
| ILONA V. DEI | |
| ILONA V. IDAKWO | LAND LAW:- Declaration of title to land – Burden of proving identity of land – When arises. LAND LAW:- Declaration of title to land – Onus on Plaintiff – Need to establish with certainty and precision the area of land which his claim relates. LAND LAW:- Ownership of title to land – Method of proving same LAND LAW:- Interests in land – A party who has divested himself of all interest in land – Whether can still deal with the same land by way of further alienation |
| IMANA V. ROBINSON | LAND LAW:- Caveat emptor – Meaning and history – Peculiar application in land transactions in contradistinction from other commercial contracts of sale of goods – Whether unnecessary to give express covenants for title to land by vendor as they were implied – Right of buyer to have conveyance set aside if title of vendor is shown to be defective LAND LAW:- Conveyance and Land transactions – distinction between the principle of caveat emptor as it applies to sale of land and as it applies to sale of goods – Implied covenant for title – Whether the law imposes on a vendor not only the negative duty not to conceal but also the positive duty to disclose any defect in his title – Legal duty on vendor in a conveyance to tell the truth – Whether Silence will amount to misrepresentation – Effect |
| IMASOGI V. EDOKPAYI | |
| IMO BROADCASTING CORPORATION V. LAMBERT SUNDAY IWUEKEOF | |
| INCAR PLC V. BOLEX | REAL ESTATE AND PROPERTY LAW:- Estate Agent – Where employed by a vendor to find a purchaser – Whether can conclude a contract of sale of property |
| In RE KING, DECD.ROBINSON V. GRAY | LANDLORD AND TENANT:- Assignment of lease or underletting – Effect of assignment – Assignment of freehold reversion, lease and underlease – Express covenants to repair and reinstate premises – Breach of covenants by lessee before compulsory purchase of freehold reversionary interest – Whether assignor entitled to sue lessee after date of assignment for breaches of covenant before assignment – “Benefit of every covenant” including right to sue passing by statute to assignee – Law of Property Act, 1925 (15 Geo. 5, c. 20), s. 141. |
| IN THE ESTATE OF SHADIYA AW BALOGUN | |
| INSPECTOR-GENERAL OF POLICE V. NWACHUKWU | REAL ESTATE and property law:- Nature of use – When deemed a public place or a place of public resort – Effect under the Police Ordinance |
| INSPECTOR KAYODE V. J.A. ODUTOLA | LAND LAW:– Title to land – Priority between two competing registered deeds of conveyance – How determined LAND LAW:– Pleadings – Rule that evidence of fact not pleaded goes to No issue – Whether rule applies to evidence elicited from cross-examination which is not material to any issue raised in the pleadings |
| INTERCITY BANK PLC V. FEED & FOOD FARMS NIG LTD AND ORS. | |
| INTERNATIONAL POLYMERA SYSTEMS LTD GLOVER V. MR. ROBERT GLOVER AND ORS | REAL ESTATE LAW – LANDLORD AND TENANT:- Recovery of possession – Tenant at will – Statutory notice required to be served on tenant under sections 15(1) and 17 of the Rent control and Recovery of Premises Edict No 12 of 1985 of Cross River State – Failure to serve all the notices – Effect of |
| INTERNATIONAL TEXTILE INDUSTRIES (NIGERIA) LIMITED V. ADEREMI | LAND LAW:- Land Use Act – Section 22 thereof- Whether precludes operation of the doctrine of part performance LAND LAW:- Lease – Valid lease – Ingredients of. – LAND LAW:- Part performance – Doctrine of – Basis of application of. LAND LAW:- Possession of land – Conflicting claims thereto – How resolved. LAND LAW:- Sale of land – Obtainment of consent to alienate in contract of sale of land – At what stage required |
| INWEREOGU V. OGBU | LAND LAW:- Possession – Acts of – Evidence of to be cogent |
| INYANG V. ESIEN | |
| INYANG ETIM AKPAN (Alias MBOM ETIM AKPAN) V. THE STATE. | |
| IRAGUNIMA V. RIVERS STATE HOUSING AND PROPERTY | REAL ESTATE AND PROPERTY LAW:- Assignment of lease – Whether valid without endorsement of Governor’s Consent on the Deed of Assignment. REAL ESTATE AND PROPERTY LAW:- Renewal of lease – Whether formal deed of renewal is condition precedent to validity REAL ESTATE AND PROPERTY LAW:- Title to land – How established. |
| ISAAC E. NWAENANG V. CHIEF EDET W. NDARAKE & ORS | REAL ESTATE/LAND LAW – DISPUTE OVER LAND – CUSTOMARY ARBITRATION:- Decision of a customary arbitration voluntarily submitted to by parties – Whether treated as binding on parties and regarded as conclusive as any decision of a legally constituted court of law |
| ISAAC OGUALAJI V. ATTORNEY-GENERAL OF RIVERS STATE | LAND LAW:- Land tenure – Ownership of land in Nigeria – In whom vested – Interest an individual can acquire – Scope of LAND LAW:- Lease – Relationship of lessor and lessee- Where lease has expired – Nature of relationship LAND LAW:- Occupation of land – Where landlord’s tenant is in occupation – Ascription of occupation to landlord LAND LAW:- Recovery of possession -Lessee holding over after expiration of lease – What lessor should do to recover possession |
| ISAAC TALABI OGUNBAMBI V. ADENIJI SOYONBO ABOWAB | LAND LAW:- Action for damages in trespass – Burden of proof on defendant to justify entry by better title in land – Distinction between an action in trespass and one for recovery of possession or for a declaration of title in which the burden is on the plaintiff to establish his title irrespective of the defendant’s claim LAND LAW AND PROCEDURE:- Unregistered instrument – Whether not admissible to prove title – Whether such instrument admissible to prove payment of money and coupled with possession gives rise to an equitable interest over the land – Notice of equitable interest presumed where culpable negligence established against subsequent acquisition over land – Effect |
| ISERU V. CATHOLIC BISHOP WARRI DIOCESS | LAND LAW:- Possession – Where two persons claim possession of land – On whom does the law ascribe possession LAND LAW:-Trespass – Action therein – Where defendant claims title to the land in dispute – Duty on plaintiff to show better title LAND LAW:- Trespass – Action therein – Who can maintain |
| ISHOLA V. OGUNJIMI | REAL ESTATE/LAND LAW:- Declaration of title to land – Damages for trespass and injunction – Plaintiff claiming land in dispute by sole grant to ancestor – Defendants claiming grant to 10 families including plaintiff’s ancestor – Acts of ownership testified to by plaintiff – Proper assessment of – Defendants calling head of grantor-family as witness – Trial judge’s inference from failure of plaintiff to call the witness – Duty of appellate court thereto |
| ISHOLA V. ABAKE AND ANOTHER | LAND LAW:- Declaration of title – Native Law and Custom – Damages for trespass – Injunction |
| ISIBA V. HANSON | LAND LAW:- Family land – Family suing in respect of allottee’s portion after reversion to common ancestor on intestacy – Claim for forfeiture of customer tenancy – Land granted to defendant’s ancestor by plaintiff’s ancestor – Onus to prove whether outright gift as against customary tenancy on defendant |
| ISREAL OLANREWAJU V. BANK OF NORTH NIGERIA LIMITED | |
| ISSOR V. NWABUDE | LAND LAW:- Declaration of title – Exclusive right to possession and ownership – Whether established. |
| ITAMBONG V. AKONYE | |
| ITSEKIRI COM. LAND TRUST V. WARRI DIV. PLAN. AUTHORITY | LAND LAW:- Claim to determine -Amount of compensation Payable for land acquired by Warn Area Planning Authority – Rights of each claimant to compensation payable – Apportionment of compensation. |
| ITO V. EKPE | REAL ESTATE – LAND LAW:- Action for declaration of title – Identity of land in dispute – Whether land shown in two or more different survey plans are the same – How Resolved by court |
| IWAYEMI & ANOR V. SNR. AP. AKINYOOYE AKINBO | LAND LAW:- Land owning family – Dispute over undivided/un-partitioned family land – Applicable litigation principles |
| IWENOFU V. IWENOFU | LAND LAW:- Trespass to land of deceased – Injunction – Claim by Administrator of Estate – Failure to prove that land in question forms part of deceased’s estate – Effect of – Duty of trial Judge where admissions of a party in evidence are contrary to averments in same party’s pleadings |
| IWUNO V. DIELI | LAND LAW- LAND USE ACT:- Customary right of occupancy -Power of Local Government to grunt – Section 6(1) Land Use Act, 1978 LAND LAW- LAND USE ACT:- Statutory right of occupancy – Power of Governor to grant -Whether only limited to land in urban area – Section 5, Land Use Act 1978 LAND LAW – LAND USE ACT:- Customary right of occupancy- Power of local government to grant |
| IYAJI V. EYIGEBE | LAND LAW:- Boundaries of land in dispute – Declaration of title |
| IYAKIN V. GBAJUMO | LAND LAW:- Family land – Proof of title – When plea of res judicata will apply |
| IYANDA V. ADEDAYO | LAND LAW:- Trespass to land – Building on land belonging to another – Consequence |
| IYANDA V. ADELUYI | LAND LAW:- Customary Law – Family land – Sale by Head of Family without consent of members thereof –Effect |
| IYASE AND OTHERS V. OMORAGBON | LAND LAW:- Customary Law – Bini – Allocation of plots in Benin – Proper jurisdiction of – Claim for Injunction arising therefrom – How treated |
| IYIOLA OGUNJUMO & ORS V. MURITALA ADEMOLU & ORS | LAND LAW – REGISTRABLE INSTRUMENT:- Admissibility of Registrable Instrument |
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES
