(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
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
customary court
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…

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