(1978) JELR 49365 (SC)    

Supreme Court  ·  SC.90/1976 ·  31 Mar 1978 ·  Nigeria
Other Citations
AKANO v. OKUNADE & 3 ORS. (1978) 3 S.C.
ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria
Core Terms Beta
rufai popoola
mesne profits
learned trial judge
native law
1st defendant
declaration of title
western state court of appeal
1st defence witness
findings of the learned trial judge
plan exhibit a
a. o. obaseki
award plaintiff
benefit of the plaintiff
brothers of the plaintiff
case of the appellant
clear cut evidence
concluding paragraph of the said judgment
cross-examination of the defence counsel
final orders
following question
grounds of appeal
high court of the western state
joint owner
judgment of the western state court of appeal
late idowu
latter part
leading judgment
main issue
mr. kolawole
new bale
orile ilugun
particulars of claim
plaintiffs farmland
possession of the land
property of the junior brother dis
recovery of possession of the said farmland
said grant
said land
short point
statement of claim paragraphs
supreme court
time of delivery up of possession
time plaintiff
unsuccessful attempt
western nigeria

A. O. OBASEKI, J.S.C. (Delivering the Leading Judgment): We allowed this appeal against the judgment of the Western State Court of Appeal on the 23rd day of February, 1978 and now give our reasons.

These proceedings were commenced in the High Court of the Western State at Abeokuta by Writ of Summons endorsed with the particulars of claim which reads:

(1) Declaration of title according to Native Law and Custom to the plaintiffs farmland lying and situate at Orile Ilugun, Abeokuta Province, Western Nigeria;

(2) Recovery of possession of the said farmland; and

(3) Mesne profits from latter part of 1959 up to the time of delivery up of possession.

Pleadings were ordered, filed and duly delivered and the matter came up for hearing before Adewale Thompson, J.

In a considered judgment, the learned trial Judge dismissed the claim for declaration of title, made an order for possession and allowed the claim for mesne profits in the sum of 270 pounds (N540.00). More particularly, the concluding …

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