NIGERIAN CASES/JUDGMENTS ON REAL ESTATE AND PROPERTY LAW (8)
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NIGERIAN CASES/JUDGMENTS ON REAL ESTATE AND PROPERTY LAW (8)
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| TITLE | MAIN ISSUES |
| OCHIE V. AJOSE | LANDLORD AND TENANT:— Recovery of Premises -7 Days’ Notice – Whether individual members of tenant’s family persons entitled as of right to 7 days’ notice within the meaning of Section 7 of the Recovery of Premises Act LANDLORD AND TENANT:- Recovery of possession -Tenant not in occupation – Whether question of hardship to tenant or his relatives relevant – Recovery of Premises Act LANDLORD AND TENANT:- Unlawful increase of rent -Whether standard rent to be determined before one can decide whether unlawful increase has taken place – Rent Control (Lagos) Amendment Act, 1965. |
| OCHULO V. OGIDI | LAND LAW – ESTOPPEL:- Res judicata – Findings in previous case – Application to later case – Implication for interest over land |
| ODADHE AND OTHERS V. OKUJENI AND OTHERS | LAND LAW:- Claim – Damages for trespass – Injunction |
| ODE AND ORS V. THE REGISTERED TRUSTEES OF THE DIOCESE OF IBADAN | |
| ODEDEYI V. ODEDEYI | REAL ESTATE/LAND LAW – EQUITY:- Defence of laches and acquiescence – when applicable. REAL ESTATE/LAND LAW:- Family land – principle guiding contentious sale of family land. REAL ESTATE/LAND LAW:- Trespass – Principles guiding an action for trespass – Whether a member of a family in physical occupation and possession can be liable for trespass |
| ODEKUNLE V. AJOBIARE | LAND LAW:- Traditional evidence- Conflicting evidence of traditional history led by parties – Duty of court in respect thereof |
| ODENEYE V. ALAKATA | LAND LAW:- Title to land in Lagos – Application for first Registration under Registration of Titles Act Cap. 181 Laws of the Federation of Nigeria and Lagos, 1956 – Plan of the land not incorporated in the Deed of Conveyance |
| ODENEYE V. SAVAGE | LAND LAW:- Determination of title holder – Multiple sale by Oloto family – Root of title traced – Conveyance to appellant defective and unauthorised – Nothing for deed of ratification to ratify – Wrong use of deed of ratification |
| ODESANYA V. EWEDEMI | LAND LAW:- Declaration of title – Identity of land – Proof of-Onus of proof on the Plaintiff. LAND LAW:- Declaration of title – Need to prove identity of land |
| ODI V. OSAFILE(CA) | LAND LAW:- Concurrent Possession of land – Whether possible LAND LAW:- Claim for declaration of title – Long possession – Effect thereof LAND LAW:- Claim for declaration of title – Reliance on inheritance – Duty of Plaintiff. LAND LAW:- Claim for declaration of title – Ways of proving title – Whether alternative or cumulative |
| ODIBO V. BAKARE | REAL ESTATE/LAND LAW: – Family property – Occupation of by a member – Whether mere occupation can ripen into ownership under customary law – Gift of property: how proved – Laches and acquiescence – Relevant considerations – Effect of failure to prove same |
| ODIFE V. ANIEMEKA | LAND LAW:- Title to land – Whether traditional history can prove issue of title – Acts of possession – Effect where title is resolved by court on accepted traditional history. |
| ODJEVWEDJE V. ECHANOKPE | LAND LAW:- Claim for damages in Trespass – Relevant considerations |
| ODUARAN AND OTHERS. V. ASARAH AND OTHERS. | LAND LAW:- Claim for declaration of Title – Forfeiture of land – Compensation – Injunction. |
| ODUFUWA AND ANOTHER V. JOHNSON | REAL ESTATE/LAND LAW – LANDLORD AND TENANT:- Statutory tenancy/stallage – Rents prescribed to be payable in advance – Ejection arising from failure to do so in one month after 25 years of compliance – Whether ground for ejection – Rights of licensee under Lagos Market Bye-Laws – When a person is deemed to have come lawfully into possession of a stallage |
| ODULAJA V. HADDAD | LAND LAW:- Claim for damages for trespass – How treated |
| ODUKWE V. OGUNBIYI | LAND LAW:- Family land – Sale thereof by head of family as his own property – Whether void or voidable LAND LAW:- Family land – Sale thereof by head of family without consent of principal members of family – How treated – Whether void or voidable – Where voidable – At whose instance it can be voided. LAND LAW:- Lis pendens” – Doctrine of – Operation and application of – Scope |
| ODUNSI AND OTHERS V. PEREIRA AND OTHERS | REAL ESTATE/LAND LAW:- Land Law – Declaration of title to land – Injunction – Long possession – Laches and acquiescence claimed – Claim of Crown grant – Counterclaim that plaintiffs were customary tenants – Plaintiffs claims wanted |
| ODUNSI V. OJORA | REAL ESTATE/LAND LAW:- Alienation of family land – Power of white-capped chief to stop the alienation of family land |
| ODUNTAN AND 3 ORS V. GIWA AND 2 ORS. | LAND LAW:- Claim for declaration of beneficial ownership in freehold property and possession – How treated |
| ODUOLA AND OTHERS V. ASHCROFT AND ANOTHER | LAND LAW:- Claim of ownership of property – Representative action – Customary land – Possession and acts of ownership of land – Leave to 2nd defendant – Declaration of title – Possession against defendants – Doctrine of laches and acquiescence |
| ODUOLA AND OTHERS. V. NABHAN AND OTHERS. | LAND LAW:- Lease – Meaning – Bilateral contracts in which the tenant is not only given an estate in the land but also himself gives covenants – Effect LAND LAW:- Person in physical occupation of property – Rule which requires that a person in physical occupation of property cannot be ejected through ex parte applications or proceedings to which he is not party – Whether cannot be relaxed LAND LAW AND PROCEDURE:- Non-joinder of party who is in actual occupation – Where the respondents knew and left the persons in physical possession or actual occupation out of the action which contains a claim for possession and got judgment behind their backs – Whether amounts to an abuse of the process of the court and deprives the appellants of their constitutional right of being heard in the matter affecting their right to occupation and possession of the land before the court arrives at a decision on the claim – Attitude of court thereto |
| ODUOLA V. AJANAKU | LAND LAW:- Adverse possession – Use of land for sale of planks or of beans – Whether sufficient adverse possession LAND LAW:- Leases – Land taken for grant of -Whether reversion by operation of law LAND LAW:- Leases – Lessor’s intention to retain control of land – Proof of |
| ODUOLA V. IBADAN CITY COUNCIL | LAND LAW:- Claim for declaration of title to land and possession – Defence of !aches and acquiescence – Defendants use of property for over 50 years to knowledge of plaintiff – Application of doctrine of laches. |
| ODUSOGA V. RICKETTS | LAND LAW:- Deed of conveyance – Deed of conveyance executed by vendor after a valid conveyance had been made in favour of another person – Validity of -Whether confers any title. ‘ LAND LAW:- Deeds of conveyance coming from the same source – Which takes priority – Validity of subsequent deed. LAND LAW:- Payment of purchase price and possession of land – Effect – Right conferred thereby on purchaser. LAND LAW:- Purchase price – Where purchaser fails to pay balance of purchase price of land – Right of vendor to rescind the contract. |
| ODUTOLA V. KAYODE | |
| ODUTOLA V. AKANDE | REAL ESTATE/LAND LAW – GLOVER SETTLEMENT AREA: Plot in the area not allocated – Ownership still vested in Oloto Chieftaincy family – Section 16, Glover Settlement Ordinance LAND LAW –TITLE OVER LAND:- Effect of Long undisturbed possession with the acquiescence of owner on ownership claims over the land |
| ODUTOLA V. PAPER SACK NIGERIA LIMITED | REAL ESTATE/LAND LAW – CONVEYANCING:- Lease – Lease agreement – Validity of – Necessary ingredients it must contain REAL ESTATE/LAND LAW – “Mesne profit” – Meaning of REAL ESTATE/LAND LAW – Landlord and tenant – New tenancy between both – How created REAL ESTATE/LAND LAW – Tenancies – Tenancy at will – When arises – Nature and incidence of- Whether can be converted to yearly tenancy or arise therefrom. |
| ODUWOLE V. LAGOS STATE DEVELOPMENT PROPERTY | LAND LAW:– Title to land – Root of title – Whether right of title can be founded on prescription – Whether period of possession is material. |
| ODUYE V. NIGERIA AIRWAYS LIMITED | LANDLORD AND TENANT:- Creation of relationship – Effect of Rent Control and Recovery of Residential Premises Edict on tenancy – Statutory flavour given to tenancy by it – Enhancing pleasure in tenancy life – Entitlement to immediate reversion as qualification for acquisition of status of landlord – Official quarters – Establishment of a new relationship or status by the law following cessation of employment – Between occupier and owner of premises – Lawful occupation as qualification for acquisition of – Payment of rent immaterial – Rates of rents contained in Rent Control and Recovery of Residential Premises (Tribunals) Regulations move guide as to rent payable and as showing upper limit of rents payable |
| OFIA V. EJEM | LAND LAW: Action for declaration of title to land owned by a village with constituent communities – Where evidence show that the land in dispute between the parties is a communal land and no member/co-owner can sell any portion unilaterally – Whether any constituent member have the legal right to institute an action either to enforce or protect their rights thereto – Where requirement of clear joint interest in the subject matter of the action required in suing in a representative capacity has been destroyed by the evidence – Whether a constituent member can only maintain action for trespass to portion[s] possessed and not declaration of title to the land which pertains to the whole members/village |
| OFOHA V. THE STATE | |
| OGBA V. ONWUZO | |
| OGBIMI V. NIGER CONST. LTD. | LAND LAW:- Determination of whether a document is an instrument – “Instrument” relating to land – Meaning of – Unregistered land instrument – Whether admissible in evidence |
| OGBODU V. ODOGHA AND ANOTHER | |
| OGBONNA V. DISTRICT OFFICER OKIGWI | LAND LAW:- Declaration of title to land – Jurisdiction of Court to grant title in respect of part of the land claimed LAND LAW:- Redemption of land under native law and custom – Power of resident to determine the extent of land to be redeemed |
| OGBU V. ANI | LAND LAW:- Possession – Party in possession – Whether mere disturbance of by another renders possession not exclusive LAND LAW:- Possession of land – Conflicting claims thereto by two persons – How resolved – Whom does the law ascribe possession to LAND LAW:- Proof- Traditional history – Conflicts in – How resolved – Principle in Kojo v. Bonsie (1957) NWLR 1223 – When applicable – When not applicable – Relevant considerations |
| OGBU V. WOKOMA | LAND LAW:- Identity of land – Duty on plaintiff to prove – How established – Fact that land described by different names – Whether material. LAND LAW:- Possession of land- Conflicting claims thereto – How resolved – To whom possession ascribable |
| OGBUNYIYA AND OTHERS V. OKUDO AND OTHERS | LAND LAW AND PROCEDURE:- Claim for declaration of title to land – Need for same to be heard and pronounced upon by a competent court – Judge without jurisdiction – Effect |
| OGBUOKWELU V. UMEANAFUNKWA | LAND LAW:- Declaration of title – Principle in Kojo II v. Bonsie (1957) 1 WLR 1223 – When applicable – Failure of trial court to apply – Power of appellate court to apply it – Scope of LAND LAW:- Declaration of title – Rule that plaintiff must succeed on strength of his case and not on weakness of defendant’s case – Exceptions thereto |
| OGED OVUNWO & ANOR V. IHEANYICHUKWU WOKO & ORS. | |
| OGEDENGBE V. BALOGUN | LAND LAW:- Declaration of title – Identity of land in dispute – Necessity to ascertain same LAND LAW:- Declaration of title – Identity of land in dispute – Onus on plaintiff to establish with certainty – – Where plaintiff fails to prove boundaries of land – Proper order for court to make. LAND LAW:- Title to land – Identity of land in dispute – Inaccurate survey plant – Effect on plaintiff s claim. |
| OGIAMIEN AND ANOTHER V. OGIAMIEN | |
| OGUAMANAM EKE V. NZEKWE ELUWA | REAL ESTATE – LAND LAW:– Conflicting rights of claimants to land – Where both parties have a Certificate of Occupancy over the same land – How resolved |
| OGUEZE V. OJIAKO | REAL ESTATE – DECLARATORY JUDGMENT – Declaration granted in respect of land – Second declaration sought in respect of the same land – Propriety of |
| OGUGU V. THE STATE | |
| OGUGUA UKWA & ORS . V. AWKA LOCAL COUNCIL & ORS. | LAND LAW:- Customary law grant of land by community for public use under the administration of local government council – Building of market – Where market is abandoned in favour of another site – Whether community is deemed to have resumed dominion over it through acts customarily associated with possession and ownership – Whether local council retains right over the land by letting portions of it and felling trees on it – How considered LAND LAW: Reversionary title – Grant of land for public purpose – Right to recover possession over land when the area is abandoned in respect of the use for which it was originally given unless the grantors made a fresh grant or agreed to the land being used for some other purpose – Whether resumption of possession by grantees affect grantors’ revived right to recover possession in such circumstances |
| OGUNDAIRO V. OKANLAWON | LAND LAW:- Declaration of title – Defendant in previous suit having successfully asserted ownership – Declaration will be refused |
| OGUNDE V. OJOMU | LAND LAW:- Trespass and injunction – Declaration of title – How treated |
| OGUNDIANI V. ARABA | LAND LAW:- Judgment given in an action after a sale of land – Application of the doctrine of lis pendens and estoppel by standing by – Whether could make judgment binding on a purchaser of the land LAND LAW:- Lis pendens – Application of same – Effect of LAND LAW:- Lis pendens – Position of the law in Nigeria and under the common law in relation to the requirement of registration of lis pendens |
| OGUNDULU V. PHILLIPS | LAND LAW:- Declaration of title – Sale without consent – Payment of proceeds of sale |
| OGUNFAOLU V. ADEGBITE | LAND LAW:- Proof of title – Effect of possession – Production of document – Oral history – Family land and effect of sale by unauthorized person – How treated LAND LAW:- Competing titles to land – How resolved – Party with first onus of proving title – Whether court has bounden duty to consider plaintiffs title first and decide upon it before a consideration of the title of the defendants arises |
| OGUNJUMO V. ADEMOLU | LAND LAW:- Instrument affecting land – Unregistered registrable instrument – When admissible – For what purpose admissible |
| OGUNLANA V. LIVERPOOL CITY COUNCIL | |
| OGUNLEYE V. ONI | LAND LAW:- Grant under S.34, Land Use Act Implications Whether dispensing with the need for good title on the part of grantee – Whether the Land Use Act associates certificate of occupancy with title Whether better grant is the same as better title |
| OGUNLOYE V. DUROSINMI | LAND LAW:- Ownership of land – Account of rents collected – No claim for injunction – Previous suit on ownership of land in dispute – Estoppel by judgment – Judgment not tendered at hearing – Defendants evidence of traditional history preferred – Effect |
| OGUNMADE V. FADAYIRO | LAND LAW:- Declaration of Title to land – Mesne Profits – Judgment debt – Leave to levy execution – Property sold by private treaty instead of public auction – Sale by Sheriff – Sheriffs and Civil Process Law – How treated |
| OGUNNIYI V. ADARAMOLA | LAND LAW:- Boundary dispute – Boundary Settlement Commissioner appointed – Complaint – Decision ultra vires |
| OGUNOLA V. SULE | LAND LAW:- Customary tenant – Denial of Landlord’s title – Implications of-Land Use Act 1978 – Whether it has abrogated reliefs of forfeiture under Customary Law – Section 36(1), Land Use Act – Construction of – Provisions of Land Use Act – Applicability of to non- Nigerians |
| OGUNSANYA V. TAIWO | LAND LAW:- Declaration of title to land – Nature of evidence required – Burden of Proof on Plaintiff – How discharged – Recital statement – Whether s. 90 of the Evidence Act makes statement in the introductory recital admissible as evidence |
| OHAKANU V. NLEMAGU | LAND LAW:– Title to land – Rule that a party claiming title must succeed on the strength of his case and not on the weakness of the defendant’s case – Effect LAND LAW:– Long possession of land – Whether can ripen into ownership against the true owner LAND LAW:– Traditional history – Essential particulars that a party relying on same to prove his title to land must plead and prove to succeed LAND LAW:- Visit to locus in quo – Court’s refusal of application to visit locus in quo in a land matter – Basis of – Visit not crucial in resolving any issue before the court – Whether refusal prejudicial to the appellants’ case – Relevant considerations |
| OJA V. UKPAI | LAND LAW:- West Africa (Nigeria)–Jurisdiction–Claim to ownership of land–Not a claim to fix boundaries–Jurisdiction of Supreme Court–Not ousted by Inter-Tribal Boundaries Settlement Ordinance (No. 49 of 1933) (Laws of Nigeria, 1948, c. 95), ss. 3, 4 and 5. |
| OJAH V. OGBONI(2) | LAND LAW:- Communal land – User of – Whether can ripen into personal ownership. LAND LAW:- Communal land – Where plaintiff leads evidence of communal ownership of land – Onus on defendant to establish exclusive ownership. LAND LAW:- Declaration of title -Power of court to make -Whether extant under the Land Use Act, 1978 – Where declaration of title claimed – Duty on court to grant either statutory or customary right of occupancy |
| OJEMEN V. MOMODU II | LAND LAW:- Declaration of Title to Land – Appeal – Grounds of Appeal – Application of Section 113 of the 1979 Constitution – Leave to Appeal – Competency of Witness – Proof of Customary Law – Res judicata and its Application. |
| OJIKUTU V. DEMUREN | REAL ESTATE: CONVEYANCE: – As beneficial owner – Express covenants for indemnity – Effect of. LAND LAW:- Conveyance as beneficial owner- Breach of express covenants for indemnity – Quantum of damages |
| OJIKUTU V. OJIKUTU | |
| OJO OGBEMUDIA EHOLO V. J. B. EKHATOR | LAND LAW:- Relevant consideration for determining priority of grant under the Bini customary land law |
| OJO V. ADEJOBI AND OTHERS | LAND LAW:- Trespass to land and injunction – Claim to ownership of land based on Deed of Conveyance – Deed sought to be proved by inadmissible, unsigned alleged copy of the deed – Appeal court requested to call for original of the deed – Request refused. |
| OJOH V. KAMALU | LAND LAW:- Sale of land – Family land – Contentious sale of – Categories of. LAND LAW:- Title to land – Proof of – Evidence of adverse possession – Whether can defeat evidence of title to land. LAND LAW:- Title to land – Traditional evidence in proof of – Meaning and nature of. |
| OJOKOLOBO V. ALAMU | LAND LAW:- Title to land- Proof by traditional evidence – Rule in Kojo II v. Bonsie (1957) 1 WLR 1223 – Application of |
| OJUGBELE V. OLASOJI | LAND LAW:- Registration of instruments – Whether land instrument can be registered after action had been filed but before pleadings were ordered under the Land Instrument – Registration Law, Cap. 64 Laws of Lagos State, 1973. |
| OKAFOR AND OTHERS V. OBIWO AND ANOTHER | LAND LAW:- Declaration of title to land – Damages for trespass – Injunction to restrain defendants from further trespass – Previous suit on said land – Appellants not party to proceedings “res inter alios acta” |
| OKAFOR AND OTHERS. V. IFIONU AND OTHERS. | LAND LAW:- Claim for declaration of title – Damages for trespass – Injunction – Plaintiffs suing in representative capacity – Two sets of defendants sued on same land in dispute – How treated |
| OKAFOR AND SONS LTD. V. NIG. HOUSING DEV. SOC. LTD. AND ANOTHER. | LAND LAW:- Mortgage – Mortgagee’s right of set off – Power of Sale of Mortgaged Property under section 19 of Conveyancing Act 1881 |
| OKAFOR V. ADETUTU | LANDLORD AND TENANT:-Tenant paying rents to landlord’s attorney – Tenant paying rents by cheques some of which were dishonoured – Payments made since summons thus reducing balance due – Rents paid to client’s account and at times into personal account of attorney – Where not all cheques paid into attorney’s accounts could be traced by bank – Onus on plaintiff-landlord to prove assertion in statement of claim by evidence |
| OKAFOR V. IDIGO III | LAND LAW:- Declaration of title – Proof of ownership – Effect of judgment dismissing plaintiff’s claim – Two communities proving acts of ownership – Effect of – Finding of facts by trial Court – Attitude of Court of Appeal thereto |
| OKAFOR V. NNAIFE | LAND LAW:- Claim for declaration – Customary tenants – Damages for trespass – Injunction. |
| OKAFOR V.A.G. ANAMBRA STATE | LAND LAW: – Public Acquisition of community land – When subsequently reviewed by way of a Government White Paper that was Gazetted – Whether government can validly vest same land on a third on terms inconsistent with undertakings under the White Paper – Whether establishment of a gas processing plant by a 3rd party is a public interest – Relevant considerations LAND LAW: – Title to land – Nemo dat quod non habet – “No one can give that which he does not have” – When applicable in resolving title to land |
| OKAGBUE & 2 ORS V. JANET ROMAINE | LAND LAW:- Proof of title to land – When an Invitee becomes a Trespasser LAND LAW:- Proof of Trespass – An Invitee to premises to use premises for the purposes for which he is invited or permitted to be there – Whether becomes a trespasser if he exceeds the area of invitation or permission |
| OKAGBUE V. ROMAINE | LAND LAW:- Proof of title to land – When an Invitee becomes a Trespasser LAND LAW:- Proof of Trespass – An Invitee to premises to use premises for the purposes for which he is invited or permitted to be there – Whether becomes a trespasser if he exceeds the area of invitation or permission |
| OKARA V. STATE | |
| OKE & ANOR V. OKE & ANOR. | |
| OKE V. EKE | LAND LAW:- Declaration of title – Identity of land in dispute – Need to resolve inconsistencies thereto – Proper order for appeal court where such determination not made LAND LAW AND PROCEDURE:- Boundary of land over which declaration of title is claimed – Where the evidence regarding same is inconclusive, scanty or of little or no weight – Whether declaration should be refused for lack of certainty and identity of the subject matter |
| OKIUGBEDI EDJEKPO & ORS V. IBOYI ITHIBRI OSIA & ORS | |
| OKORI NWAEZEMA & ORS V. OBETA NWAIYEKE & ORS | |
| OKWUDU NWAKONOBI & ORS. V. BENEDICT UDEORAH & ORS. | LAND LAW:- Whether a judgment in a previous case may rightly be used to prove acts of possession |
| OLIVE CASEY JAUNDOO V. ATTORNEY-GENERAL OF GUYANA | REAL ESTATE/LAND LAW:- Guyana – Constitution – Protection of fundamental rights – Proposed construction of new road by government – Landowner’s notice of motion claiming injunction restraining road building until adequate compensation paid – Whether originating motion proper procedure – Whether jurisdiction in High Court to grant redress -Guyana Independence Order 1966 (S.I. 1966 No. 575), Sch. 2 (Constitution of Guyana), arts. 8, 19 |
| OLOYEDE AKINGBADE V. OYEYIPO ELEMOSHO | LAND LAW/REAL ESTATE:- Real Property – Purchaser of legal estate – Facts suggesting notice of another’s prior equity |
| OLU OGUNSOLA V. NATIONAL INSURANCE CORPORATION OF NIGERIA | |
| OLUFEMI ADENIYI & ORS V. HERBERT ADEYINKA ADEOLU OYELEYE & ORS | REAL ESTATE/LAND LAW:- Claim for declaration of title and ownership of land – How treated |
| OLUWATUYI & ANOR V. OWOJUYIGBE & ANOR | LAND LAW:- Family property rights – How created |
| OMOBUDE ONI V. MR. IMUETINYAN JOHNSON | LAND LAW – TITLE UNDER BINI CUSTOMARY LAW:- Principles governing the acquisition of valid title to land in accordance with Bini Customary law LAND LAW – DECLARATION OF TITLE TO LAND:- What needs to be proved to succeed – Burden of proof – On whom rests – Onus on the plaintiff who seeks a declaration of title to land – Duty to accurately describe same |
| OMOLERE IKUOMOLA V. SAMOTA ONIWAYA & ORS. | REAL ESTATE/LAND LAW:– Title to land – Essence of the equitable doctrine of acquiescence REAL ESTATE/LAND LAW – LAND USE ACT:- Sections 5, 6 and 40 of the Land Use Act – Grant of a declaration of title under native Law and Custom – Propriety of – Whether only right of occupation and possession is allowed for interest under customary law and custom – Where grant of title erroneously made under customary law – Duty of appellate court thereto |
| ONYEBUCHI IROEGBU & ORS V. RICHARD OKWORDU & ORS | |
| ONYIBOR ANIEKWE & ANOR. V. MRS. MARIA NWEKE | REAL ESTATE/LAND LAW:- Claim for declaration of entitlement to Statutory Right of Occupancy over the land of a deceased person – Trespass – Relevant consideration |
| OPANIN ASONG KWASI AND OTHERS V. JOSEPH RICHARD OBUADABANG LARBI | LAND LAW:- Arbitration according to native law and custom regarding to land – How treated |
| OPARA V. DOWEL SCHLUMBERGER (NIGERIA) LTD. AND ANOTHER | LAND LAW:- Lease – Agreement for a lease – How treated – Presumption raised with respect thereto – When applicable – When not applicable. LAND LAW:- Lease -Agreement for a lease – Legal status of – Interest conferred thereby. |
| ORAGBADE V. ONITIJU | LAND LAW:- Declaration of title against class and representative plan of interests Representative Plaintiff Conflict of interests – Plaintiff/Class Plaintiff Not entitled |
| ORIOLA V. ORIOLA | LAND LAW:- Family property – Onus on family member claiming exclusive title in rebuttal thereof. LAND LAW:- Family property – Registration of member as fee simple owner under the Registration of Titles Ordinance – Not sufficient proof that property is no longer family property |
| ORIZU V. ANYAEGBUNAM | LAND LAW:- Declaration of title to land – Damages for trespass – Perpetual injunction restraining defendant from further acts of trespass, waste or destruction – Proof of title on deed of conveyance – Discrepancy in date of deed and date of preparation of claim. |
| ORONSAYE V. OSULA AND ANOTHER | LAND LAW:- Declaration of title to land – Recovery of possession – Redemption of property on repayment of loan – Whether transaction outright sale or pledge – Bini Customary Law. |
| ORUKUMAKPOR V. OMOTOSHO | LAND LAW:- Title to land – Customary Law – Joint ownership of two families – when first settlor claims not enough to prove right to exclusive title over land |
| ORUNENGIMO V. EGEBE | |
| OSAFILE V. ODI | LAND LAW:- Declaration of title – Nature of evidence required of plaintiff in proof of LAND LAW:- Declaration of title – Reliance on grant or inheritance – What plaintiff must plead and prove LAND LAW:- Declaration of title and injunction against trespass – Failure of claim for title – Whether claim for trespass and injunction can still succeed |
| OSAGIE V. OYEYINKA | REAL ESTATE:- Vendor implied trustee of ‘purchaser before execution – ‘Conveyance – Lack of improper dealing with trust property – Effect of – Implied trust of conveyance – Effect Legislation – Judgments Act 1839 and Land Charges Act, 1925 – applicability – Effect of these statutes in England – Whether or not a statute of general application – Decision is Ogundaini v. Araba & Barclays Bank of Nig. Ltd. – Effect of on the doctrine of lis pendens in our courts |
| OSAWARU V. EZEIRUKA | LANDLORD AND TENANT:- Action for ejectment and recovery of premises, claim for mesne profits – Recovery of Premises Law, Cap. 110, W.N., and Rent (Increase Restriction) Law, Cap. 111, W.N. S.13(1) (Cap. 111) whether the later applies LANDLORD AND TENANT:- Grounds upon which ejectment may be granted – Mesne profits distinguished from arrears of rent – Use of property for immoral purposes – Mode of proof |
| OSAYI V. OGUDEIZOZO | |
| OSENI ABOYEJI V. AMUSA MOMOH AND 2 OTHERS. | LAND LAW:- action for title to land – need for plaintiff to establish who his grantor was and the extent of the grant and identity of the land LAND LAW:- trespass – trespasser – cannot be in legal or legitimate possession – cannot be protected by law – cannot maintain action in trespass. |
| OSENI V. LARINDE | LAND LAW:- Customary tenancy – Tenant denying over-lord’s title – Forfeiture -Whether Section 14 of the Conveyancing and Law of Property Act 1881 avails Relief to such tenant. LAND LAW:- Customary tenancy – Undisturbed possession of customary tenant – Whether evidence of ownership |
| OSHAFUNMI V. ADEPOJU AND ANOR | LAND LAW:- Breach of contract of sale/purchase of land – Whether damages is an adequate remedy thereto – Difference between occupation and possession of land |
| OSIBAKORO D. OTUEDON & ANOR V. AMBROSE OLUGHOR & ORS | LAND LAW – PROOF OF OWNERSHIP:- Ways of proving title to land LAND LAW – DECLARATION OF TITLE: Effect of traditional history in an action for declaration of title |
| OSINUPEBI V. SAIBU | LAND LAW:- Land disputes – Appeals arising therefrom – Need to comply with applicable rules of court – Effect of failure thereto |
| OSOALA V. KALLA | LAND LAW:- Claim for a declaration of title to land – Claim for general damages for acts of trespass over land and Injunction restraining further acts of trespass on land – Whether court would grant declaration of title over land to a party whose title is voidable at the instance of third parties |
| OSONDU AND ANOTHER V. ADUKA AND ANOTHER | LAND LAW:- Declaration of title to land – Nonsuit in previous proceedings – Customary tenure – Plea of issue estoppel – Whether proper |
| OSOSANMI V. ABODERIN | LAND LAW:- Family property – Sale of by family members without consent of head of family – Whether void or voidable |
| OSUJI V. ISIOCHA | REAL ESTATE/LAND LAW:- Trespass to land -Exclusive possession – Meaning of |
| OSUJI V. OGUALAJI | LAND LAW:- Identity of disputed land – Whether in issue at the trial of the instant suit – Nature of evidence required to establish identity of land when the identity is not in issue LAND LAW:– Claim for declaration of title – Whether can be made solely on traditional evidence. |
| OSUN STATE GOVERNMENT V. DALAMI NIGERIA LIMITED | |
| OSUNRINDE AND OTHERS V. AJAMOGUN AND OTHERS | LAND LAW:– Family property- Whether can be disposed of by Power of Attorney by principal and accredited members of a family without consent of head of family |
| OTANIOKU V. ALLI | LAND LAW:- Declaration of title to land – Injunction AND damages for trespass – Identity of land claimed – Uncertainty from evidence – Effect |
| OTOMEWO V. EZEKWE | |
| OTUBANJO V. KUJORE | LAND LAW:- Claim for declaration of title, for damages and injunction – Allegation of possible breach of natural justice – President of the Customary Court hearing the case alleged to be legal adviser to one of the parties – Where President ignored the allegation, and eventually heard and dismissed the claim – Order of retrial by High Court – How treated on further appeal |
| OTURU V. EDEDEY | LAND LAW:- Claim for compensation on improvement of land – Land not given to appellant – Appellant rented portions – How treated |
| OVIAWE V. INTEGRATED RUBBER PRODUCTS NIGERIA LIMITED | LAND LAW:- ‘Public Purpose’ in relation to government acquisition of land – Meaning of. LAND LAW:- Public acquisition of land – Land compulsorily acquired by government – Determinant of validity of – Section 20 of Public Lands Acquisition (Miscellaneous Provisions) Decree 1976 considered. |
| OWHONDA V. EKPECHI | LAND LAW:- Title to land – Five modes of proving title to land -Whether all need to be proved. LAND LAW:- Title to land – Identity of land in dispute – Onus of proving same – On whom lies – Failure to prove – Effect. LAND LAW:- Title to land – Onus of proof of – On whom lies. |
| OWOADE AND OTHERS V. OMITOLA AND OTHERS | LAND LAW:- Declaration of title to land – Where root of title derives from partition of family property – What plaintiff must prove – Competing claims – Whether plaintiffs claim ought to be considered first – Allotment and partition of faintly properly – Relevant considerations |
| OWOADE V. TEXACO AFRICA LTD. | LAND LAW:- Leases – Claim for rent due under lease – Terms of years – Notice of termination of lease – Expiration |
| OWODUNNI V. GEORGE | REAL ESTATE/LAND LAW:- Claim for possession – Acquiescence as a bar thereto – Plaintiff standing by while defendant built in the mistaken belief that land was his – Whether doctrine of constructive notice applies |
| OWONYIN V. OMOTOSHO | LAND LAW: Title to land – Customary Law – Joint ownership of land by two families – First Settlor claims – When not enough to prove right to exclusive title over land |
| OWUMI V. PATERSON ZOCHONIS AND CO (NIG.) LTD. | REAL ESTATE:- Land Tenure – Application by defendants for registration of a deed of Sub-lease – Application not registered in compliance with S. 14(1) Registration of Titles Act Cap. 181- Whether obligatory for sub-lease of 3 years to be registered – in compliance with S. 14(1) – Legal effect |
| OWOSHO V. DADA | |
| OYADARE V. KEJI | LAND LAW:- Title to land – Proof – Resolving conflicting traditional histories |
| OYADEJI V. ADENLE | LAND LAW:- Trespass – Criminal trespass – How constituted LAND LAW:- Trespass – Requirement of survey plan -When necessary – When not necessary. LAND LAW:- Trespass – Specific portion of land trespassed upon – Need to establish – Burden of – On whom lies |
| OYAH V. IKALILE | LAND LAW -Trespass to land -Who can sue therefor -Whether a reversioner can sue – Relevant consideration. |
| OYAMA V. EGBA | LAND LAW:- Declaration of title – Native Courts – When partition ordered |
| OYE OLAGBEMIRO V. OBA OLADUNNI AJAGUNGBADE III | LAND LAW:- Customary land law – Land at Ogbomosho – Whether Shoun, the traditional ruler has absolute ownership. LAND LAW:- Ownership of land – Change thereof – Grant made to another by the owner – Whether original owner can institute action for declaration of title or for trespass. LAND LAW:- Trespass – Who can sue |
| OYEBAMIJI & ORS.V. IYABO AFUSAT LAWANSON & ORS. | LAND LAW:- Proof of title required to sustain an action in trespass and injunction – Land purchased under customary law and converted into a duly registered conveyance – Whether sufficient against a rival claim based on customary law which was not sufficiently proved LAND LAW – DEED OF CONVEYANCE:- Proof of title to land – Whether a duly executed deed of conveyance is sufficient evidence to support the award of title to the land in dispute to the beneficiary of the deed of conveyance |
| OYEBANJI V. LAWANSON | LAND LAW:– Disputed possession over land – Party who proves better title to land in dispute – Whether legally deemed to be in possession LAND LAW:– Purchaser for value without notice – equitable interest acquired by same – when can be defeated LAND LAW:– Title of land – Standard of proof where contending parties claim to derive their title from a common source |
| OYEBANJI V. OKUNOLA AND ANOTHER. | LAND LAW:- Trespass – Action by person in possession – Onus on to prove possession LAND LAW:- Land property of “A” family, described as “B”s land and conveyed as such – “B” a member of “A” family – Effect of land being conveyed solely by B |
| OYEDELE V. OGUN | LAND LAW – Registration of Titles Act – Duties of Registrar – Limitation – Application to register land – Limitation Decree. |
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES
