(1983) JELR 45261 (SC)    

Supreme Court  ·  SC.126/1982 ·  26 Aug 1983 ·  Nigeria
Other Citations
(1983) All N.L.R 470
AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria CHUKWUWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria
Core Terms Beta
first plaintiff
federal court of appeal
writ of summons
learned trial judge
representative capacity
trial judge
second plaintiff
consent judgment
statement of claim
part of the land
father of the first plaintiff
high court
necessary amendment
suit order
third defendant
aniagolu j.s.c.
leave of court
personal capacity
accepted head of the adekunle family
amended statement of claim
attorney-general of lagos state
central issue
children of joseph folarin adekunle
contending parties
earlier part of this judgment
family of the first plaintiff
favour of the plaintiffs
first defendant
following comments
general principles
grant of the land
joseph folarin adekunle
justice of the case
leading judgment
necessity enter
original owner of the land
proprietary rights of the adekunle family
said hausa community
said land
terms of their claim

ANIAGOLU J.S.C. (Delivering The Leading Judgment): In this case on appeal, the contending parties have based their claims to the land in dispute upon derivative titles. The central issue, which the learned trial judge resolved in favour of the plaintiffs, was whether the land was part of the land which, in 1939, OBA DOKUN LATONA II the ATAOJA OF OSHOGBO, granted to the father of the first plaintiff, one JOSEPH FOLARIN ADEKUNLE (now deceased), or whether it formed part of the area which the ATAOJA OF OSHOGBO granted to the OSHOGBO HAUSA COMMUNITY "from time immemorial".

The first plaintiff, who is the accepted head of the Adekunle family, sold and conveyed to the second plaintiff the land in dispute in the exercise of the claimed proprietary rights of the Adekunle family, while the first defendant purchased the same land from the third defendant in purported exercise, by the third defendant who was in SERIKI of the Hausa Community of Oshogbo, of the claimed right of ownership of the la…

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