AKANNI & ORS.
V.
MAKANJU & ORS.

(1978) JELR 49364 (SC)

Supreme Court · SC.89/1976 · 17 Nov 1978 · Nigeria
·

Other Citations

AKANNI & 7 ORS. v. MAKANJU & 2 ORS. (1978) 11-12 S.C.

CORAM

ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria

Core Terms ^Beta

appellants

claim

1st defendant

learned trial judge

4th defendant

appeal

8th defendants

statement of claim

doctrine of laches

equitable defences of laches

family land

length of occupation

2nd defendant

declaration of title

grounds of appeal

high court

western state court of appeal

5th defendant

6th defendant

7th defendant

favour of the plaintiffs

finding of the learned trial judge

learned judge

native law

parcel of land

3rd defendant

4th defendants

adverse claim

agent of the entire family

amended statement of defence

appeal no. caw

building constructions

chief a.m.f. agbaje

conclusion of the evidence

decision of the court of appeal

following grounds of appeal

former western state

judgment of the high court

leading judgment

learned judges of the appeal court

learned judges of the court of appeal

length of each defendant

members of makanju

nature of the act

possession of the land

possession of the said land

preponderance of evidence

recent years

such claim

such sale

A. O. OBASEKI, J.S.C. (Delivering the Leading Judgment): This appeal is against the decision of the Court of Appeal of the former Western State contained in the judgment delivered on the 17th day of July, 1975 in an appeal No. CAW/147/1974 brought to it by the appellants against the judgment of the High Court, Ibadan (Coker, J.,) (as he then was) delivered on the 28th day of May, 1973) in suit No.1/118/1970.

The claim endorsed on the writ of summons by which the proceedings in the High Court, Ibadan were commenced is for:

"i. Declaration of title to all that piece or parcel of land situate at and being at Odo-Okun, Ibadan and or in the alternative declaration that the 1st defendant is entitled to sell the land or any part thereof.

ii. Possession of the said land."

Pleadings were ordered and duly delivered. The issues joined came up for trial before Coker, J., and at the conclusion of the evidence and addresses, he delivered a considered judgment in favour of the plaintiffs/respondent…

AKANNI & ORS. V. MAKANJU & ORS.

AKANNI & ORS.
V.
MAKANJU & ORS.