ADEBAYO & ORS. V.SHOGO
V.

(2005) JELR 45232 (SC)    

Supreme Court  ·  SC.279/2000 ·  4 Feb 2005 ·  Nigeria
 · 
Other Citations
Adebayo v. Shogo (2005) 7 NWLR (Pt.925)467 (2005) 2 S.C (Pt I) 1 (2005) 2 S.C (Pt I) 1
CORAM
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria
Core Terms Beta
appellants
plaintiffs
appeal
evidence
court of appeal
high court
interlocutory appeal
pa salami
learned trial judge
local government
mother of the defendant
own views
trial court
civil procedure
statement of claim
issue no.1
judgment of the court of appeal
leading judgment
learned justices of the court of appeal
alhaja salimato shogo
arguments of counsel
close relations of late pa salami
defendants mother
evidence of the respondents
father of the defendant
findings of facts
grand mother
incidences of land ownership
judgment of the high court
kwara state
land law
minutes of a meeting
minutes of the pleaded minute
order of accounts
part owners of shops
pa williams
pleading of the appellants
present building
property of their father
real question
rule of law reigns
said alhaja

PATS-ACHOLONU, J.S.C. (Delivering the Leading Judgment): The dispute over a land or incidences of land ownership in the history of Nigerian jurisprudence and literature in land law, has been largely the cause of anxieties and stress and many have gone to the grave prematurely in battling over land matters, some no more than inanities.

The appellants had instituted an action in the High Court at Offa in Kwara State and claimed a declaration that they are part owners of shops/stores situate at Adeleke Road Owode Market, Offa per the stripes system of inheritance, and also an order of accounts. Their case is that the land was the property of their father, one Pa Williams and that they the appellants, the respondent's mother and his grand mother all contributed money for the erection of the structure therein. They averred that they delegated the respondent to supervise the building and thereafter collect rents from the shops but the respondent was collecting the rent for himself only.

Th…

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