OKUSANYA AND ANOTHER V. AKANWO AND ANOTHER

POLICY AND PRACTICE LAW REPORTS, 2PLR

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OKUSANYA AND ANOTHER

V.

AKANWO AND ANOTHER

THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL

THE 22ND DAY OF MAY, 1941

PRIVY COUNCIL APPEAL NO. 98 OF 1938

2PLR/1941/37 (WACA)

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OTHER CITATION(S)

2PLR/1941/37 (WACA)

(1941) VII WACA PP. 1- 6

(1941) PC NO. 98

LEX (1938) – VII WACA 1 – 6

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BEFORE THEIR LORDSHIPS:

LORD ATKIN

LORD RUSSELL OF KILLOWEN

LORD ROMER

SIR GEORGE RANKIN

LORD JUSTICE CLAUSON

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BETWEEN:

OKUSANYA AND ANOTHER (REPRESENTING AKE PEOPLE) — Appellant

AND

AKANWO AND ANOTHER (REPRESENTING IJESHA PEOPLE) — Respondents

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ORIGINATING COURT(s)

FROM THE WEST AFRICAN COURT OF APPEAL

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ISSUE(S) FROM THE CAUSE(S) OF ACTION

AGRICULTURE AND FOOD LAW – USE OF LAND:- Communal dispute over use of farm land – Decision situation ownership in one community but right to use in another – Extent of use – Annual crops, perennial and exploitation of forestry resources – Distinctions between – Implications of for existing court judgment and new suits arising therefrom

REAL ESTATE AND PROPERTY LAW – LAND:- Communal land – Proof of title in contradistinction to proof of ownership and use – When party in possession would be entitled to farming rights – Extent of – Res judicata – When court would be duty bound to review what earlier judgments cover in order to proper rule on the question of res judicata

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PRACTICE AND PROCEDURE ISSUE(S)

JUDGMENT AND ORDER – RES JUDICATA:- Applicability – Duty of court thereto – Judgment dealing with multiple issues – Issue(s) presented but not addressed by trial court – Whether subject to plea of res judicata

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