CASES/JUDGMENTS ON REAL ESTATE AND PROPERTY LAW IN NIGERIA (6)
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CASES/JUDGMENTS ON REAL ESTATE AND PROPERTY LAW IN NIGERIA (6)
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| TITLE | MAIN ISSUES |
| IYOWUAWI V. IYOWUAWI | LAND LAW:- Family property – Partition by Court – Whether partition possible without decision on ownership LAND LAW:- Family property – Partition of properties on land – Quidquid plantatur solo, solo cedit – Applicability |
| LAND LAW:- Ownership of land – Family land – Partitioning of – Claim for possession and trespass – Attitude of Court thereto | |
| IZIEME V. NDUKWU | LAND LAW- Claim for declaration of title to land – Damages for trespass and injunction – Witness admitting telling lies – Claim struck out – Order 47 rule 1 High Court Rules East Central State |
| J. ADJARHO V. MRS G. AGHOGHOVWIA AND OTHERS | LAND LAW:- Deed of conveyance for sale of family land – Application to set same aside – Whether can be at the instance of a third party or a stranger to the deed LAND LAW:- Family land – Where head of the family wrongly sold the land without the knowledge and consent of other members of the family as his own personal property – Whether sale is void or voidable at instance of other members of the family |
| J. M. KODILINYE V. MBANEFO ODU | LAND LAW:– Declaration of title to land – Onus on plaintiff with regard to same – Failure of plaintiff to discharge onus – Consequence of |
| JACOB BANKOLE & ORS V. AMODU TIJANI DADA | LAND LAW – DECLARATION TO RIGHT OF OCCUPANCY: Ways of establishing declaration to right of occupancy – How to reconcile a conflict of traditional history with respect to declaration to right of occupancy |
| JACOBS V. MESSRS OLADUNNI BROTHERS | REAL ESTATE/LAND LAW:- Family property created via will – Property acquired by testator in fee simple – Whether testator can create customary law family property rights over a property acquired by conveyance in English form for the benefit of children – Nature of rights and holding of beneficiaries |
| JAMES E. EGBUNIKE &. ANOTHER V. SIMON MUONWEOKU | LAND LAW:- Declaration of title when not to be granted |
| JAMES OGUNTIMEYIN V. KPEKPE GUBERE & ANR | |
| JARAWU ADELEKE V. LIADI AJADI ASERIFA | REAL ESTATE/LAND LAW:- Family land held under customary law – Partition of – Relevant considerations – Whether under Yoruba customary law partition can be effected orally REAL ESTATE/LAND LAW:- Dispute as to title to land – Where plaintiff’s statement of claim pleaded the boundaries and extent of land and there was a mere denial of those averments and no alternative plan joining issues – Whether deemed admitted as no issue was joined with respect to the extent or boundaries of the land in dispute – Where identity of land was well known to parties – Whether displaces the burden to prove same |
| JARIN ADEGBITE V. OGUNFAOLU | REAL ESTATE/LAND LAW:– Trespass to land – Where title to land is in dispute – Proof of – On whom lies the onus of proving a better title REAL ESTATE/LAND LAW:- Section 145 of the Evidence Act – Whether merely creates a rebuttable presumption of ownership – Whether does not operate against a person who proves a good title – Where someone in possession is alleged to be a trespasser – Whether the onus is on the person so alleging to show that his better right to possession has been disturbed by the trespasser |
| JATAU V. DUNG | |
| JEDDO V. IMIKO | |
| JEGEDE V. GBAJUMO | LAND LAW:- Claims for possession, trespass and injunction – Traditional histories given by both parties – Claim for trespass granted – Appeal arising therefrom – Whether inappropriate for claim for possession to be joined with claims for trespass and damages – Proper order |
| JEGEDE V. GIWA AND OTHERS | REAL ESTATE/LAND LAW:– Sale of land – Claim for money paid for land which turned out not to belong to vendors – Whether contract is regarded as valid and binding and therefore no action is maintainable for any errors as to quantity or quality – Whether the purchaser cannot on the ground of adverse claim recover purchase money which had been paid but must rely on the covenants of title REAL ESTATE/LAND LAW – BREACH OF CONTRACT FOR SALE OF LAND:- Claim against vendor who sold land in which he has no title – Remedies available to purchaser – Why claim for money had and received in a wrong relief |
| JIDE TAIWO & CO. V. DANBARE TRAVELS AGENCY LIMITED | REAL ESTATE AND PROPERTY LAW – ESTATE AGENCY:– Commission on a sale which has been set aside – Whether an estate agent can retain same |
| JIDEONWO & ORS. V. MRS. EUNICE CHUKWUMA | REAL ESTATE/LAND LAW: Title to land – Sale of jointly owned land by one co-owner – Validity of sale |
| JIMBA V. A.P. (NIG.) LTD | LAND LAW:- Declaration of title – Reliance on evidence of traditional history – Duty on plaintiff – How discharged |
| JIMOH ABUDU V. JOHNSON EGUAKUN | REAL ESTATE/LAND LAW:- Benin customary law on inheritance – Nature and application of-Property of deceased Benin man – When will vest in eldest son – When it will not vest |
| JIMOH GARUBA V. ISIAKA YAHAYA | |
| JINADU V. COKER | LAND LAW:– Grant of land – Long possession thereof – How laches and acquiescence arises – Effect thereof – Admission of title and its effect on the onus of proof against a grantee to show interest in the land |
| JOE BEST ESTATE DEVELOPMENT & PROPERTIES LIMITED V. MRS GRACE A. NZEGWU & ORS | REAL ESTATE AND PROPERTY LAW:- Wrongful sale of property – Wrongful Writ of Possession – Claim for an order to set aside – How treated – Relevant considerations |
| JOHN C. ANYADUBA & ORS V. NIGERIAN RENOWNED TRADING CO. LTD | |
| JOHN HOLT AND CO. LTD. V. KALIFE TRANSPORT AND ANOR | |
| JOHN I. OGBU V. BEST WOKOMA | LAND LAW – ORAL AND DOCUMENTARY EVIDENCE:- Identity of land – Where different namesare given to the land – Whether fatal to the party claiming such land |
| JOHNSON V. EWUTUYA | REAL ESTATE/LAND LAW:- Declaration of title – How treated |
| JOHNSON V. SARKIS | |
| JOHNSTONE V. MILLING | REAL ESTATE AND PROPERTY LAW:- 21 year Lease – Covenant to rebuild after initial 4 years of term – Determination of lease before end of 4 years – Effect thereof on covenant |
| JOHN PETER (ALIAS IKIRI PETER) V. THE STATE | |
| JOSEPH AFOLABI and ORS V. JOHN ADEKUNLE and ANOR | LAND LAW:- Claim by family head for declaration of title – Land in dispute admittedly family property a plaintiff’s pleadings and evidence – Appeal court’s power in interest of justice to amend plaintiffs capacity in writ of summons and enter judgment for plaintiff accordingly. |
| JOSEPH CHIKE ODOGWU & ANOR V. SAMUEL NWAJEI & ORS | REAL ESTATE/LAND LAW – DECLARATION OF TITLE TO LAND:- What the court must satisfied on in a claim for declaration of title to land – Precise nature of title claimed i.e. whether it is title by original ownership, customary grant, conveyance, sale under customary law, long possession or otherwise – Evidence establishing the nature of title claimed – Effect of failure thereto REAL ESTATE/LAND LAW – DECLARATION OF TITLE TO LAND:- Claim of title under customary law – Whether can be proved via documentary evidence – Evidence proving long possession over land held under customary law – Whether can substitute for failure to prove root of customary law title |
| JOSEPH FAWAZ V. J. F. NABBAN | REAL ESTATE/LAND LAW:- Landlord and Tenant – Claim for recovery of possession – Provision of alternative accommodation – When can be refused by court – Established goodwill of a business – When change in address would amount to greater hardship – Increase of Rent (Restriction) Ordinance – Schedule II, para. (i) and proviso – How interpreted |
| JOSEPH O. FALOBI V. ELIZABETH O FALOBI | |
| JOSEPH OWUAMA & ORS. V. ANTHONY OBASI & ORS. | |
| JOSHUA OGUNLEYE V. BABATAYO ONI | |
| JOSHUA GUTING V. TUNYANG DAVWANG | REAL ESTATE/LAND LAW – OWNERSHIP OF LAND:– Proof of – Whether it is not the law that being in possession of a parcel of land loaned to a person under native law and custom will crystallize into acts of ownership – Whether possession such will never decree title in favour of such a possessor of another person’s land REAL ESTATE/LAND LAW – DECLARATION OF TITLE TO LAND:- Evidence required to found claim – Where party and their witnesses gave conflicting history of party’s root title – Whether court bound to treat such root as unreliable |
| JOSHUA V. AGUSTO | REAL ESTATE – APPEAL:- Right of appeal to Privy Council – Appeal against decision between Landlord and tenant – Value of property for the purpose of appeal – How ascertainable. |
| JOV V. DOM | LAND LAW:- Land subject of customary right of occupancy – Where extant – Section 41 of the Land Use Act |
| JOYCE V. LIVERPOOL CITY COUNCIL | LAND LAW:- Landlord and tenant – Repair – Landlord’s covenant – Breach of covenant – Arbitration – Reference to small claims procedure – Grant of injunction or specific performance – Landlord and Tenant Act 1985, s 11 |
| JULES V. AJANI | LAND LAW/REAL ESTATE:- Declaration of title – Onus of proof on Plaintiff to proof same – Whether can shift to defendant – Whether plaintiff can only succeed on the strength of his case and not on the weakness of the Defendant’s case LAND LAW – REGISTERATION OF A DEED:- Whether not evidence of its due execution – Effect |
| JULIUS AKINGBADE AFESOJAIYE V. RACHEAL AFESOJAYE & ANOR | LAND LAW – DOCTRINE OF LACHES AND ACQUIESCENCE:- Doctrine of laches and acquiescence – When it will operate to estoppels against a claim over land or property LAND LAW – LAND DISPUTE:- Ways to prove title to land – need for court not to be sidetracked with the common practice of referring to the land in dispute with different names or the indication of respective plans of differing features – what is usually in dispute in land matters – need for court to focus on dispute over the ownership of the particular land which is often the crux of the mater – How land dispute is resolved where two parties claim title to the same land through the ascription of title to the party with a better title – need to decide claim on the balance of probability – Effect of an unsatisfactory evidence in a claim for declaration of title to land – When defendant is able to adduce evidence oral or documentary which has the effect of discrediting the plaintiff’s case – duty of court to refuse plaintiff claim for declaration and to enter judgment for the defendant |
| JURADAT ANIMASHAUN V. OLOJO | LAND LAW:- Declaration of title – Onus on plaintiff – Trespass – Need to prove possession – Equitable interest – Notice of- Purchaser for value – Actual, Constructive and Imputed notice – Differences |
| K. IDOWU AND ORS. V. A. AKINWUNMI AND ORS. | LAND LAW:- Sale of family land – Relevant considerations |
| KABIAWU V. LAWAL | LAND LAW:- Native Law and Custom – Sale of absolute, interest in land – Effect – Buyer conveying fee simple’ – Eyisha Family branches’ suit settlement of 1915 |
| KABINA ABABIO II. V. PRIEST-IN-CHARGE, CATHOLIC MISSION | REAL ESTATE/LAND LAW:- Trespass to land – Land proceedings – Whether Previous judgments admissible to show acts of possession as distinct from establishing of estoppel or Res Judicata |
| KADA V. YAWA | LAND LAW:- Prescription (hauzi) – Land matters – Period of prescription therefore under Islamic lam. |
| KADIRI AWERE V. JOSIAH ESULANA ATITEBI | LAND LAW:- Declaration of title to land – Damages for trespass possession – Cross appeals (one for dismissal of Plaintiffs Claim and the other for trial judge’s refusal to give costs – How treated |
| KAKARAH V. IMONIKHE | LAND LAW:- Claim for declaration of title – Damages for trespass – Perpetual injunction |
| KALE V. COKER | LAND LAW:- Registrable Instruments under the Lands Instruments Registration Law Cap. 64 Laws of Lagos State – Land instruments which are pleadable in Lagos State – Unregistered Lease and Sale Agreements in Lagos State– Effect of Regulation 4 (a) made pursuant to Section 34 of the Land Instruments Registration Law Cap. 64 of Lagos State 1973 on Section 15 – Whether unregistered lease and sale agreements are pleadable in courts of law in Lagos State – Whether uniform rule applies in every State of Nigeria in relation to agreement to lease/sale of land |
| KALIO V. KALIO | LAND LAW:- Declaration of title – Order of Forfeiture – Damages for trespass – Injunction to restrain continuation of trespass – Wrong allocation of property to family members – Traditional Chief as owner of Communally held family land – Compensation for damage to personal pride – How treated |
| KALIO V. WOLUCHEM | LAND LAW:- Trespass to Family Land – Land sold by paramount chief claiming as his own without objection by family members – Whether good title passed to purchasers – Ownership – Whether such vendor can now claim that land is family land |
| KAMALU V. UMUNNA | LAND LAW:- Action for declaration of title – Traditional history – Rule in Kojo H v. Bonsie relating to parties leading conflicting evidence – Proper application of LAND LAW:- Estoppel by standing by – Meaning LAND LAW:- Action for declaration of title – Plans – Whether not absolute necessity in all cases |
| KARARIN ALELU A. FARUQ V. A. SANI MAI ALLON KARFE | REAL ESTATE/LAND LAW:- Ownership of land under Sharia law – Proof of – Matrimonial line of inheritance – Recognition thereof – Effect |
| KAREEM AND OTHERS V. OGUNDE AND ANOTHER | LAND LAW:- Declaration of title – Defective title of both parties – Trespass and injunction – Based on possession – Rectification of Register of Titles. |
| KARIBO V. GREND | LAND LAW:- Proof of title to land – Traditional history – Conflicts in – How resolved -Application of the rule in Kojo 11 v. Bonsie (1957) 1 WLR 1223 |
| KARIMU AYINLA V. SIFAWU SIJUWOLA | LAND LAW – REGISTERATION OF INSTRUMENT:- Whether registration of instrument is concerned with the validity of the instrument? |
| KARIMU FASONU V. S.I. FAWEHINMI MOSEKUNLA FAWEHINMI AND OTHERS | LAND LAW:- Customary tenancy :Denial of title of overlord by tenant |
| KARIMU V. FAJUBE | LAND LAW:- Declaration of title – Plaintiff granted declaration of title to area of land which included land he had sold already to 3rd parties – Conflict of traditional evidence – Traditional evidence found inconclusive – Resort to acts of ownership as decisive of ownership |
| KASHADADI V. NOMA | |
| KASUNMU AND ANOTHER V. ABED | LAND LAW:- Root of title – Trespass – Claim for Possession – Consideration for determination of better title |
| KASUNMU V. SCOTT AND OTHERS. | LAND LAW:- Mortgages – Mortgagee’s power of sale – Whether affected by attachment and sale of mortgagor’s interest |
| KAYODE OKUOJA V. OBAFUNMILAYO ISHOLA | LAND LAW:- Application for declaration of title to land, damages for trespass and injunction – What plaintiff needs to prove to succeed – Need for clear Identity of land over which reliefs are sought – Where payment receipt is relied on as proof of sale of land – How identity of land may be proved |
| KEEVES V. DEAN. | REAL ESTATE LAW:- Landlord and Tenant – Notice to quit – Tenant holding over – Statutory Tenant – Right of, to assign his Interest – Increase of Rent, &c., Act, 1920 (10 AND 11 Geo. 5, c. 17), s. 12, sub-s. 1 (g); s. 15, sub-ss. 1, 2. |
| KEHINDE V. IRAWO | LAND LAW:- Claim for damages-Trespass-Injunction- Sale of family land by head without consent of other members – Whether void – Failure to produce conveyance – Evidence of title – Numerous acts of possession – Whether sufficient |
| KEKEREOGUN V. OSHODI | |
| KELANI AND ORS V. JONES | |
| KELE V. NWEREBERE | LAND LAW:- Customary tenancy – Customary tenancy for specific period – Nature and character of – When comes to an end LAND LAW:- Forfeiture – Issue of – Where adverse patty not a customary tenant when the cause of action arose nor claims to be tenant of the other party – Whether can raise issue of forfeiture LAND LAW:- Injunction – Order of injunction – When will be granted in an action for declaration of title to land – Where legal right of claimant established – Duty on court to grant |
| KELLEY V. CORSTON | |
| KENNEALY AND ANOTHER V. DUNNE AND ANOTHER | LANDLORD AND TENANT:- Rent restriction – Application for possession – Personal occupation – Flat previously occupied by owner let to statutory tenants – Application for possession on ground that flat required as residence by owner – “Required” – Meaning of – Rent Act 1968 (c. 23), s. 10, Sch. 3, Pt. II, Case 10 (as amended by Rent Act 1974 (c. 51), s. 1, Sch. 1, para. 5 (1) (2)) – How treated |
| KENTEBE V. ISANGEDIGHI | LAND LAW:– Abandoned Properties Act, Cap. 1 Laws of the Federation of Nigeria 1990, section 1(1) – Sale of property effected by Director, Committee on Government Properties on behalf of Rivers State government and not by the Abandoned Property Implementation Committee established thereunder – whether enjoyed the protection afforded by section 1(1) aforementioned LAND LAW:– Leases – Sale of property subject to subsisting lease – Whether a nullity |
| KEYE V. GIWA | |
| KHAWAM V. ELIAS | REAL ESTATE:- Lease – Entitlement at equity to residue of unexpired term of lease – Legal effect |
| KHIAMI V. SOETAN | REAL ESTATE – LANDLORD AND TENANT:- Recovery of premises – Tenants within the Recovery of Premises Ordinance – Persons entitled to claim protection under the Ordinance LANDLORD AND TENANT:- Recovery of premises – Warrant for possession – Issue of – Eviction by bailiff – Effect |
| KIDA V. OGUNMOLA | LAND LAW/REAL ESTATE:- Claim for order of specific performance compelling the Defendants jointly and severally to conclude agreement for assignment in respect of property between the Plaintiff and the Defendants by delivering of the title deeds and the physical possession of the said property to the Plaintiff – How treated |
| KINOSHI V. OGUNSHEYE | LAND LAW:- Ownership of land – Customary ownership vis-à-vis fee simple nature of interest LAND LAW:- Ownership under customary law – Validity of transfer of land held under customary law via deed of gift – Whether reason for gift need to be proved |
| KNIGHTSBRIDGE ESTATES TRUST, LIMITED V. BYRNE AND OTHERS | REAL ESTATE LAW:- Mortgage – Real estate – Demise for long term – Covenant for repayment by eighty half-yearly instalments – Rule against perpetuities – Implication for equity of redemption – Whether a mortgage of real property is a “debenture” – Companies Act, 1929 (19 & 20 Geo. 5, c. 23), ss. 74, 380. |
| KODESOH V. ARO | LAND LAW:- Recovery of Possession – Repudiation of Tenancy and Acquiescence – Right to remain in possession after the setting aside of the Lease |
| KODESOH V. MADAM AYINKE ARO | LAND LAW – TENANCY:- Recovery of possession – Lease Agreement – Effect of a new lease that had been set aside on a pre-existing one sought to be merged into the nullified one – Whether the pre-existing one is deemed repudiated – Relevant considerations |
| KOJO II V. BONSIE | LAND LAW:– Title to land – Traditional history – Best way to test same LAND LAW:– Traditional history – Where there is conflict of traditional history – When demeanor of witnesses will be little guide to the truth in resolving same |
| KOJO OKU alias B. C. BAIDOO of AYAN SUNKWA V. AKOSUAH EDUYAAH SUCCESSOR OF OWUSUAH (deceased) | |
| KOSOFE LOCAL GOVERNMENT AREA & ORS. V. CHIEF T. ABAYOMI DAVIES | LAND LAW – POSSESSION OF LAND:- Whether the law ascribes possession to the party who has better title where there are rival claimants |
| KOSOKO V. KOSOKO | REAL ESTATE/LAND LAW:- Family property- Claim by individual member of family against the representatives of family for an account of rents and mesne profits of the family property – How treated |
| KOTOYE V. SARAKI | |
| KUFEJI V. KOGBE | LAND LAW/REAL ESTATE:- Declaration of title to land – Relevant considerations |
| KUFORIJI V. PATERSON ZOCHONIS AND& CO LTD | LAND LAW:- Lease – Forfeiture – Option to renew – Consideration of in assessing compensation |
| KUJORE V. OTUBANJO | LAND LAW:- Claim for declaration of title – Damages for trespass – Injunction – Contravention of principles of natural justice |
| KUKOYI AND OTHERS V. LADUNNI | LAND LAW:- Declaration of title to land – Claim for possession – Damages for trespass – Injunction to restrain defendants from further acts of trespass – Joint claims arising from two parcels of land – Supreme Court (Civil Procedure) Rules, Cap. 211, Laws of Nigeria 1948 |
| KUKOYI V. ODUFALE | REAL ESTATE AND LAND LAW:- Forests – Forest Reserve – Enclave for community to reside in and farm- Person demarcating it as his property – Members of community suing him. |
| KUPOLUYI V. PHILLIPS | LAND LAW:– Claim for declaration of title to land – what claimant must prove – exception thereof. LAND LAW:– Statutory right of occupancy – Grant of – Applicable principles LAND LAW:– “Issue estoppel” – meaning of |
| KURUNGU KAUDE V. ALH. AUDU MAIGISHIRI | REAL ESTATE/LAND LAW:- Dispute over title to land – Appeal arising therefrom – How treated |
| KUTA V. ADELEKE | LAND LAW:- Declaration of title – Onus on plaintiff – How discharged |
| KUTI V. ATUNRASE II | LAND LAW:- Identity of land in dispute – Not clear – Party relying on this not having any interest in the land – Effect LAND LAW:- Legal title remaining in vendor till conveyance effected – Effect on title of purchaser |
| KUTI V. ATUNRASE | LAND LAW:- Declaration of title – Effect of failure to establish nexus between land in dispute and plan tendered – Guiding principles towards resolving dispute over land ownership based on competing titles |
| L.S.D.P.C. AND ANOTHER V. NIGERIAN LAND AND SEA FOODS LTD | LAND LAW:- Sub leases – Effect on recovery of possession by sub lessor where consent of head lessor not obtained – Liability of Lessor in trespass where his consent not obtained priorto sublease – Construction of covenant against sublease or assignment of demised land – What conduct of a lessee would amount to breach of agreement and effect thereof |
| LADEJO ONIFADE V. ALHAJI ALIMI OLAYIWOLA & ORS | |
| LAAH V. OPALUWA | REAL ESTATE/LAND LAW:- Donee of authority to control interest over land on behalf of principal by way of Power of Attorneys – Where Power of Attorney is statutorily designated as registrable instrument – Validity of instrument where not registered – Power of a done under a valid power of Attorney to initiate action on behalf of principal to secure interest in land |
| LABABEDI V. LAGOS METAL INDUSTRIES (NIG) LTD. | LAND LAW:- Declaration of title-Rectification of Land Register – Cancellation of Certificate of Title – Purchaser for value without notice – S.54 Land Registration Act (Cap 181) |
| LADEGA V. AKINLIYI | LAND LAW:- Declaration of title to land – Yoruba Customary Law – Forfeiture of rights of customary tenants – Claim of absolute ownership. |
| LAGOS CITY COUNCIL V. AJAYI | LAND LAW:- Compulsory acquisition of Lands-compensation -Two methods of Valuation in evidence – Judge rejecting one method – Whether bound to accept in its entirety the other method – Public Lands Acquisition Act Cap 167 ss. 15; 17 |
| LAGURO V. TOKU | LAND LAW:- Compulsory Acquisition – Mere publication of notice of acquisition – No certificate of title in evidence – Whether acquisition proved. LAND LAW:- Onus of Proof of title to land – Defendants admitting Plaintiffs’ possession – Onus on Defendant |
| LAHAN AND 7 OTHERS V. LAJOYETAN AND OTHERS | LAND LAW:- Family Land –Partition under Native Law and Custom – Mere use and occupation of family land by a section of the family – Whether conclusive evidence of partition – Onus of proving partition – On whom lies – How discharged. |
| LAHAN AND OTHERS V. LAJOYETAN AND OTHERS | LAND LAW:- Claim for order setting aside deed of conveyance and damages for trespass and injunction – How treated |
| LAIBRU LIMITED V. BUILDING AND CIVIL ENGINEERING CONTRACTORS | REAL ESTATE – PROPERTY LAW – Chooses in action – Legal assignment – Notice of assignment not given to debtor Effect. |
| LAKE V. BAYLISS AND ANOTHER | REAL ESTATE/LAND LAW:- Vendor and Purchaser – Contract for sale of land – Action for specific performance – Sale to third party – Proceeds paid to vendor’s solicitor – Interpleader summons as to whom money should be paid – Whether vendor a trustee for first intended purchaser |
| LAMIDI LAWAL OBAWOLE AND OTHERS V. OLUSOJI COKER AND OTHERS | LAND LAW:- Title over land under customary law – Whether long use of land can ripen into ownership |
| LANIYAN V. DADEOWO | |
| LAR V. STIRLING ASTALDI (NIG) LTD. | LAND LAW:- Damages for Trespass – Destruction of Economic Trees on property – General damages – Desire to reinstate property – Whether proper consideration in award of damages – Proof of loss – Whether essential |
| LASIS ADETUYI V. THOMAS AGBOJO; CO-OPERATIVE BANK (NIG.) | LAND LAW:- Land Use Act 1978 – Import of – Whether forbids agreement to alienate before Governor’s consent is obtained LAND LAW:- Consent of Governor obtained after mortgage agreement is executed – Validity of |
| LASISI ADEGBESAN ABIMBOLA V. SAKA ABATAN | LAND LAW:– Customary tenancy – Creation of – Whether payment of tribute is a condition precedent to the creation of a valid tenancy under customary law |
| LASISI AREMU V. ALHAJI LAWAL ADETORO | |
| LASISI AYANRINOLA AKAYEPE & ANOR. V. GANIYU AYANRINOLA AKAYEPE | LAND LAW – PARTITION:- Legal incidence of same – Effect |
| LASISI FADARE AND ORS V. ATTORNEY-GENERAL OF OYO STATE | LAND LAW:- Public lands acquisition – Claim for compensation – When deemed Statute barred |
| LASISI KODE V. SUARA YUSSUF | LAND LAW:– Proof of ownership – Reliance on grant or settlement – Whether a party having led evidence as to grant can seek to plead settlement in place of grant. |
| LASISI V. ADU | LAND LAW:- Trespass – Where injunction granted in respect of acts of trespass over land – Need for Area of land over which order is granted to be stated in judgement with clarity to enable person against whom granted to comply |
| LASISI V. TUBI | LAND LAW:- Consolidated action for possession – Chieftaincy Family land – Possessory rights of customary tenants vis a vis the purchaser of the overlord’s radical title – Interpretation of s.53 Registration of Titles Act – Effect |
| LATINWO V. AJAO | LAND LAW:- Damages for trespass to land – Injunction restraining defendants from land |
| LAWAL V. AJANI | REAL ESTATE/LAND LAW:- Agreement for sale of land – Specific Performance of – When appropriate to grant relief REAL ESTATE/LAND LAW:- Agreement for sale of land — Part payment of purchase price — When time is not essence of contract — Effect of conveyance to third party before full purchase price is paid – Damages for breach of contract – When proper |
| LAWAL V. FALODE | REAL ESTATE/LAND LAW:- Land sold twice under orders of two courts – Execution of – Matters arising therefrom – How treated |
| LAWAL V. OSHODI | LAND LAW:- Competing titles – Court order on sale of land – One party claiming pursuant to court order- The other party not claiming pursuant to Court order – Effect |
| LAWAL V. SALAMI | LAND LAW:- Declaration, of title – Failure of claim therefor – Whether necessarily means failure of claim for trespass and injunction |
| LAWANI ALLI V. ALESINLOYE | REAL ESTATE/LAND LAW:– Declaration of title to land – proof of valid root of title – how discharged. |
| LAWANI LATEJU V. LAWANI IYANDA AND ANOR | LAND LAW:– Land in Western Region – Claim for declaration of title and possession – Estoppel per rem judicatam – Appeal to High Court from Native Court – Native Courts Ordinance s.40(1) – Native Courts (Colony) Ordinance (Gold Coast) s.50 – Effect of cases decided under these sections – Distinction between rehearing under Native Courts Ordinance s.40(1) (a) and order for rehearing under Native Courts Ordinance s.40(1) (b) |
| LAWRENCE CHUKWUMA O. WILLIAMS V. GREGORY MOKWE & ANR | |
| LAWSON V. AJIBULU | LAND LAW:- Compulsory acquisition of land – Acquisition for public purpose – Extent of –Whether public purpose envisaged need only be by Government LAND LAW:- Compulsory acquisition of land – Validity or otherwise of – Locus standi to challenge – On whom lies LAND LAW:- Declaration of title – Onus on plaintiff – How discharged – Need to rely on strength of his case – When can rely on weakness in defence – Whether declaration grantable on admission in pleadings or mistake of defendant |
| LAWSON V. MATI | REAL ESTATE:- Property transactions – Duty of solicitor to make proper investigation before advising client – Liability for failure thereto |
| LEDB V. AWODE | REAL ESTATE/LAND LAW:- Action by a lessor claiming from his lessee forfeiture of the lease for breach of covenant, possession, and arrears of rent – Whether can be commenced by way of Originating Summons |
| LENGBE V. IMALE | LAND LAW:- Family property – Allotment or partition of – Effect LAND LAW:- Claim in trespass – Need to show proof of possession – Kola farm – Whether effective act of possession |
| LEONARD EZEAFULUKWE V. JOHN HOLT LIMITED | |
| LEWIS V. MAJEKODUNMI | REAL ESTATE/LAND LAW – FAMILY LAND:- Where not partitioned – Whether any question of acquiescence arises when a member of the family builds on family property for his private use and without consent of family head |
| LIBERT ADEYEMO DANIEL V. NATHANIEL DANIEL | LAND LAW – CUSTOMARY TENANCY:- “Kola” tenancy – Applicable principles Alienation of “Kola” tenancy -Inability thereof |
| LIMAN V. MOHAMMED | LAND LAW – Contract for sale of land – Where breached – Remedies open to aggrieved pare. |
| LIMOTA MOLADUN V. BADERINWA AJIKE | REAL ESTATE – LANDLORD AND TENANT: Recovery of property |
| LINUS OKEREKE V. NWANKWO | LAND LAW: – Declaration of customary right of occupancy – Defence of acquiescence, laches and standing-by – Ingredients that a party seeking to rely on same must establish to succeed – When deemed not satisfied – Whether a man is not to be deprived of his legal rights unless he has acted in such a way as would make it fraudulent for him to set up those rights LAND LAW: – Title to land – When based on traditional history of the land in dispute – Need for a party who seeks title to land and relies on traditional evidence to plead the root of his title and the names and history of his ancestors and lead evidence to show the root of his title and before him that of his ancestors – When claim based on family land is distinguishable from one based on traditional history |
| LISBON V. FAWA AND ANOTHER. | Land Law – Recovery of Premises – Mesne Profits – Unlawful transfer of possession to another party – Letter requesting payment of rent – If waiver of breach |
| LLOYD (PAUPER) V. GRACE, SMITH AND CO. – CWL | REAL ESTATE:- Transfer of property – Fraudulent transfer – Validity thereof |
| LOKOYI V. OLOJO | LAND LAW:- Claim for declaration of title – Identity of land in dispute – Trial court’s findings as to accuracy of plaintiffs plan and certainty of disputed land’s boundaries amply supported by evidence and upheld by Federal Court of Appeal – Absence of Special Circumstance warranting interference with judgments of High Court and Federal Court of Appeal |
| LONG-JOHN V. BLAKK | |
| LOUIS B. EZEKIEL HART V. CHIEF GEORGE I. EZEKIEL HART | |
| LUCY ONOWAN & ANOR V. J. J. I. ISERHIEN | REAL ESTATE/LAND LAW:– Title to land – Claim for declaration – Need to prove title |
| LUKAN V. OGUNSUSI | LAND LAW:- Damages for trespass – Sale of family land without consent of family head – Whether valid – Injunction |
| LURCOTT V. WAKELY & WHEELER | REAL ESTATE/LAND LAW:- Landlord and Tenant – Repairs – Lessee’s Covenant – “Keep in thorough repair and good condition” – Old Building – Natural Decay – Dangerous Structure Notice – Rebuilding – Liability of Lessee |
| M. A. OKUPE AND CO LTD V. SARUMI | REAL ESTATE AND PROEPRTY LAW- MORTGAGE:- Validity of mortgage entered into by parties for the purpose of defrauding third parties – Attitude of court to enforcing such a mortgage for the benefit of either party to the wrong-doing to the prejudice of the other wrong-doer |
| M. A. BALOGUN V. LAGOS EXECUTIVE DEVELOPMENT BOARD | REAL ESTATE/LAND LAW – LANDLORD AND TENANT:- Notice to quit – Notice given by solicitor not authorized in writing — Whether notice valid-Recovery of Premises Act, section 7 REAL ESTATE/LAND LAW – LANDLORD AND TENANT:- Recovery of Premises – Several Cases for possession by the same landlord against different tenants – Verbal application for consolidation – Order for consolidation-Whether valid-Magistrates’ Court (Civil Procedure) Rules, Order XI r. 1. |
| M.A. ENIGBOKAN V. AMERICAN INTERNATIONAL INSURANCE CO. (NIG.) LTD. | |
| M.O. OKOYE AND SONS V. STANDARD BANK OF WEST AFRICA | REAL ESTATE AND PROPERTY LAW:- Sale of immovable property in execution of court judgment -Application by motion to set aside such sale – Whether the Court has power to set aside an execution sale of immovable property merely because the judgment upon which it was based had been set aside – Civil Process Law, s. 47. I nreview |
| M.R.S. PROJECT DEVELOPMENT & CONSULTING LIMITED V. I.T.B. NIGERIA LIMITED | REAL ESTATE/LAND LAW – TITLE TO LAND:- Declaratory order pertaining to land – Need for same to be granted by evidence being elicited including the identity of the land, its size, are facts which must be before the Court, in no uncertain terms – Effect of failure thereto |
| MAAJI GALADIMA V. ALHAJI ADAMU TAMBAI & ORS | |
| MABERI V. ALADE | LAND LAW:- Claim for declaration of title – Survey plan unreliable – No dispute as to the identity of the piece of land in question – Need to establish with certainty the boundaries of land which is the subject matter of action – Whether survey plan is absolute necessity |
| MABERA V. OBI AND OTHERS. | LAND LAW:- Trespass – Declaration of title – Damages – Injunction |
| MACARTHY V. LEMOMU AND ORS. | |
| MACHIE V. NNACHO | LAND LAW:- Declaration of title – Boundary of land not certain – Effect LAND LAW:- Title to land – Occupation of land – Effect thereof LAND LAW:- Trespass – Mesne profit for – Date of assessment – Whether before or after date of writ. |
| MACHIN V. ADAMS AND ORS | |
| MADAM ABUSATU AGBOGUNLERI V. MR. JOHN DEPO & ORS | LAND LAW – PRIVY IN TITLE: – The general principle of the law relating to privy in title – Whether it is that in transactions relating to land, any person who derives title from or takes an assignment from, or is let into possession by, or otherwise claims or “comes in” under the actual representor, is bound by the same representation, and consequent estoppel, as that which binds such actual representator |
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES
