ADEBIYI
V.
WILLIAMS & ORS

(1988) JELR 39744 (CA)    

Court of Appeal  ·  CA/L/231/86 ·  27 Jun 1988 ·  Nigeria
 · 
Other Citations
Adebiyi v. Williams (1989) 1 NWLR (Pt.99)
CORAM
EPHRAIM OMOROSE IBUKUN AKPATA Justice of The Court of Appeal of Nigeria BOLARINWA OYEGOKE BABALAKIN Justice of The Court of Appeal of Nigeria FRANCIS OLISA AWOGU Justice of The Court of Appeal of Nigeria
Core Terms Beta
land
land use act
learned trial judge
certificate of occupancy
plaintiff
statutory right of occupancy
evidence
licensed surveyor
parcel of land
declaration of title
grant of a statutory right of occupancy
late chief ayodele williams
better title
composite plan exhibit
favour of the respondents
leave of court
military governor
rectification of the register of title
respect of the land
urban area
additional grounds of appeal
appellant mr. solarin
case of the plaintiffs
date of the commencement of land use act
declaratory judgment
developed land
estate of chief ayodele williams
evidence of p.w.3
favour of the defendant
further acts of trespass
grant of statutory right of occupancy
lagos state
lagos state land registry
lands registry
large tract of land
leading judgment
learned trial judge of section
legal position
native law
original owner
portion of the large tract of land
probate registrar high court of justice
registration of titles ordinance cap
said parcel of land
statement of claim
survey plan of exhibit
view of sections
volume 1981b of the register of deeds

AKPATA, J.C.A. (Delivering the Leading Judgment): Does a plaintiff have to claim for a rectification of the register of title relating to a grant of statutory right of occupancy made in favour of the defendant in his action far a declaration that he, the plaintiff, is entitled to a statutory right of occupancy to the parcel of land in dispute? What is the legal position when the plaintiff establishes that the defendant's land in a conveyance does not fall within the land in dispute? These and mare are the questions which have arisen in this appeal.

By a Writ of Summons dated 4th March, 1982, and as subsequently amended by leave of court, the plaintiffs as administratrix and administrator respectively of the estate of Chief Ayodele Williams (deceased) claimed for (1) a declaration that they were entitled to statutory right of occupancy to the parcel of land which situate at Owopetu Street, Off Ikorodu Road, Mushin, Lagos relating to the Deed of Conveyance dated 25th November, 1959 and …

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