AKANO
V.
OKUNADE & ORS.

(1978) JELR 49365 (SC)

Supreme Court · SC.90/1976 · 31 Mar 1978 · Nigeria
·

Other Citations

AKANO v. OKUNADE & 3 ORS. (1978) 3 S.C.

CORAM

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

defendants

evidence

appeal

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 …

AKANO V. OKUNADE & ORS.

AKANO
V.
OKUNADE & ORS.