BELGORE, J.S.C. (Delivering the Lead Judgment): This is a case that has its main plank mere facts, not law. The land in dispute, Exhibit A, is a part of a large portion of land first settled by one Arolu over one hundred years ago. When Arolu died he left five male children who decided to partition the land. The five children were Odeyele, Igbinbolu, Fadunmi, Akinnilehin, and Oke Amero. The land now in dispute is a part of the portion given to Igbinbolu. The plaintiff's father is a direct descendant of Igbinbolu. From Igbinbolu, right to Aserifa (plaintiff's father), the land in dispute was farmed with food and economic crops. It was during Aserifa's time that the father of the defendant/appellant, called Adeleke who came from Adogba, prayed Aserifa to be allowed to use the portion now in issue to grow food crops, a request that was granted. The condition of this permission was payment of "Ishakole" (tribute). Adeleke continued to farm the land with food crops and plucked the few coco…
ADELEKE
V.
ASERIFA
(1990) JELR 42973 (SC)
Supreme Court 4 May 1990 Nigeria
BriefBot Summary
- The dispute concerned title to land originally held by one Arolu, partitioned upon his death among his five male children; the land in issue fell to Igbinbolu, from whom the plaintiff/respondent claimed descent. - The defendant/appellant
Case Details
Suit Number:SC.46/1987
Judges:KAYODE ESO Justice of The Supreme Court of Nigeria
AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria
ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria
Counsel:Agbo Olaleye For Appellant
A. Ishola-Gbenga For Respondent
Other Citations:Adeleke v. Aserifa (1990) NWLR (Pt.136)94 (1990) 5 S.C (Pt 1)104, (1990) 3 NWLR (Pt. 136) 94, (1990) JELR 75631 (SC)
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