Ratio DecidendiRatio Decidendi


(2001) JELR 44284 (SC)    

Supreme Court  ·  SC.90/1995 ·  13 Dec 2001 ·  Nigeria
Other Citations
Adeniran v. Alao (2001) 18 NWLR (Pt.745) 361 (2001) 12 S.C (Pt.II) 59
ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
deed of conveyance
parcel of land
felix olatunde thomas
due execution of exhibit
lands registry
survey plan
1st respondent
2nd respondent
trial court
learned trial judge
madam hannah meude
opebi street
4th defence witness
lagos state
mr. nasirudeen akinola durosimi-etti
pleadings of the parties
plot no.
said felix olatunde thomas
said thomas
circumstances of this case
declaration of title
egba refugees descendants community
equitable defences of estoppel
iyabo omobonike adebiyi
leading judgment
learned justices of the court of appeal
said plot
appellant ought
comparison of both shows
curious state of affairs
decision of the trial court
deed of conveyance shows
different position
durosimi-etti dw4
following day 2nd defendant
following issues
full purchase price of my plot of land
judgment of the court of appeal
judgment of the high court of lagos
lagos division
large tract of land
mr. emmanuel a. alao
portion of his land
relevant documents of title
sense of due execution of the said execution
title of the 1st defendant
view of the evidence

UWAIFO, JSC (Delivering the Leading Judgment): This is an appeal from a judgment of the Court of Appeal, Lagos Division, given on 12th December, 1991 now reported as Adeniran v. Alao (1992) 2 NWLR (Pt. 223) 350. It affirmed the judgment of the High Court of Lagos given on 12 December, 1986 which dismissed the plaintiff's claim. In his claim, the plaintiff (now appellant) sought three reliefs against the defendants (now respondents) which I paraphrase as

(1) a declaration of title to a statutory right of occupancy to a parcel of land at Plot No. 53 Opebi Street, Onigbagbo village, Ikeja Lagos;

(2) ₦1,000.00 damages for trespass; and

(3) an order of perpetual injunction.

Having lost in the two courts below, the appellant has asked this court to consider his appeal on the following issues:

"(1) Whether under the facts and circumstances of this case where parties are agreed that no issue was joined on due execution of Exhibit 1, the learned justices of the Court of Appeal were right t…

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