(1996) JELR 45955 (SC)    

Supreme Court  ·  SC.169/1994 ·  13 Dec 1996 ·  Nigeria
Other Citations
Ajibona v. Kolawole (1996) 10 NWLR (Pt.476)22
Ajibona v. Kolawole (1996) 1 NWLR (Pt. 476) 22
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria
Core Terms Beta
weight of evidence
learned trial judge
limitation law
adverse possession
abudu salami ajibona
court of appeal
omnibus ground of appeal
trial judge
lawrence antonio cardoso
parcel of land
declaration of title
learned justices of the court of appeal
register of deeds
addresses of counsel
aforesaid land
better title
claims of the plaintiff
date of the dispossession
deeds of conveyance of alhaji a.w. akibu
defendant cross-appellant
estate of abudu salami ajibona
evidence of traditional history
evidence of witnesses
favour of the plaintiff
findings of facts of trial court
following issues
high court of lagos state
lagos judicial division of the high court
leading judgment
operation of the limitation law
particular person
part of the plaintiffs
possession of the aforesaid piece
possession of the plots of the land
presence of the defendant
proof of admitted facts
respect of the said parcel of land
respect of the said piece
specific issues
statutory right of occupancy
supporting exhibits
traditional evidence
unanimous decision

OGWUEGBU, J.S.C. (Delivering the Leading Judgment): The claims of the plaintiff/appellant in the High Court of Lagos State were for:-

"1. Declaration of title in fee simple against the defendant to the piece or parcel of land, situate lying and being at Apesin Street, known as No. 27/29 Apesin Street, Idi-Araba, Surulere and therefore entitled to the statutory right of occupancy in respect of the said piece or parcel of land situate, lying, being and known as 27/29 Apesin Street, Idi-Araba, Lagos.

2. Possession of the aforesaid piece or parcel of land.

3. Injunction to restrain the defendants, his heir(s), successor(s), agent(s), servants and/or assigns from further interfering (sic) with the plaintiff's possessory rights as to the aforesaid land."

The writ of summons was filed in Lagos at the Lagos Judicial Division of the High Court. Pleadings were ordered, filed, settled and exchanged and at the close of pleadings, the matter came up for hearing before Adeniji, J. After hearing ev…

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