Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ADEJUMO
V.
AYANTEGBE

(1989) JELR 39759 (SC)    

Supreme Court  ·  SC.204/1986 ·  9 Jun 1989 ·  Nigeria
 · 
Other Citations
Adejumo v. Ayantegbe (1989) 3 NWLR (Pt.110) 417 (1989) All N.L.R 468 (1989) 6 S.C. (Pt 1) 76
CORAM
PHILLIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
court of appeal
appeal
learned trial judge
1st defendant
grounds of appeal
set aside
madam asimowu ayankunle
balance of convenience
deed of conveyance
3rd defendants
trial court
ato section
conduct of the plaintiff
learned counsel
parcel of land
bilewu section
lands registry
consent of the plaintiff
dubious character
exercise of its discretionary power
high court
purported sale
ayanwemi omosowon family land
following issues
said deed of conveyance
said sale
sale transaction
time of the sale
above findings of facts
addresses of counsel
communal property of ayanwemi omosowon family
deed set
determination of the real issues
head of omosowon family
hearing of evidence
ibadan high court
judgment of the court of appeal
leading judgment
members of bilewu section of the family
number of important findings of facts
part of the plaintiffs family land
principal members of ayanwemi omosowon family
proposition of law
side of the 1st respondent
sufficient evidence
support of the rest of his own section
trial shows

NNAEMEKA-AGU, JSC (Delivering The Leading Judgment): This is an appeal by the Defendants against the judgment of the Court of Appeal, Ibadan Division, which had set aside the judgment of Aboderin, J. sitting in an Ibadan High Court.

The claim before the High Court was as follows:

"1. Declaration that the purported sale and Conveyance of ALL THAT piece or parcel of land described in the Deed of Conveyance dated 24th August, 1973 and registered as No. 17 at page 17 in Volume 1524 of the Lands Registry in the Office at Ibadan forming part of the plaintiffs family land known as Ayanwemi Omosowon family land situate lying and being at Oke Ogbere Iwo Road, Ibadan originally belonging to Ayanwemi Omosowon (Deceased) is null and no effect as the said sale was improperly and wrongfully made by the 2nd and 3rd Defendants to the 1st Defendant without the knowledge and/or consent of the plaintiff and other principal members of Ayanwemi Omosowon Family.

2. An order setting aside the said Deed of C…

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