AJAO
V.
IKOLABA

(1972) JELR 46126 (SC)

Supreme Court · SC.274/1968 · 5 May 1972 · Nigeria
·

Other Citations

(1972) All N.L.R 481 Ajao v. Ikobala (1972) 5 S.C. 38

CORAM

ADEMOLA ADETOKUNBO Justice of The Supreme Court of Nigeria IAN LEWIS Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria

Core Terms ^Beta

land

dispute

case

defendant

customary court

appeal

declaration of ownership

senior chiefs

head chief

shoun of ogbomosho

chief ikolaba

chief ikolaba family

native law

senior chief

ancestor of the defendant

high court

portion of the land

western state court of appeal

different courts

judgment of the western state court of appeal

learned magistrate

lower courts

ogbomosho grade c

penultimate paragraph of his judgment

back-yard of the defendant

behalf of shoun of ogbomosho

chief ikolaba aladan family

common ground

customary court effect

declaration of title

descendant of the senior chief

different purpose

following terms

fourth generation

g. s. sowemimo

head chief of ogbomosho

ikolaba aladan family

inspection of the land

interpretation of the yoruba adage

judgment of the court

learned judge of appeal

lengthy hearing

mere acknowledgement of the position of the senior chief

okeke area oke otta quarters

olden days

present case

representative capacity

true nature of the claims

G. S. SOWEMIMO, J.S.C. (Reading the Judgment of the Court, prepared by ADEMOLA C.J.N.): This is an appeal from the judgment of the Western State Court of Appeal. The case originated from the Ogbomosho Grade C 1 Customary Court, and the plaintiff's claim in that case is "for a declaration of ownership and title at Okeke Area Oke Otta Quarters, Ogbomosho, bounded at the front by Adeogun's house, at the back of Akata stream, at the right by Ibapon compound, and left by the Baptist School Ijeru." The court after a lengthy hearing followed by an inspection of the land, dismissed the plaintiff's claim, whereupon the plaintiff appealed to the Magistrate's Court where the appeal was dismissed. The plaintiff was dissatisfied and he appealed to the High Court where again his appeal was dismissed. He then appealed to the Western State Court of Appeal which granted his appeal and gave him a declaration of title to the land in the following terms:

"The order of this Court is that declaration of ow…

AJAO V. IKOLABA

AJAO
V.
IKOLABA