(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.
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
1st defendant
learned trial judge
4th defendant
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…

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