Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2003) JELR 44819 (SC)    

Supreme Court  ·  SC.65/1997 ·  31 Jan 2003 ·  Nigeria
Other Citations
Akibu v. Azeez (2003) 5 NWLR (Pt.814)643 (2003) 1 S.C (Pt.II) 71 (2003) 1 S.C (Pt.II) 71
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
1st defendant
limitation law
possession of the land
state authority
court of appeal
register of deeds
2nd defendants
deed of conveyance
lagos state
lower court
adverse parties
following terms
identity of the land
learned justices of the court of appeal
open possession
parcel of land
portion of the mortgaged property
respect of the said land
statutory right of occupancy
supreme court
william akinola dawodu
administrators of the estate of his predecessor
alhaji a. w. akibu
deed of conveyance exhibit a
deed of mortgage
eyisha family
knowledge of the respondent
lands registry
lawrence a. cardoso
leading judgment
leave of court
limitation law of lagos state cap
long possession of the land
order of that court
orders of court
original plaintiff
owner of the piece
provisions of subsections
reason of the limitation law
record shows
reserved judgment
said land
small portion

M. E. OGUNDARE, JSC (Delivering the Leading Judgment): The original plaintiff, Taofik Aremu Azeez, now deceased but whose substitutes are the respondents in this appeal, by a writ of summons issued on 13th June, 1978 sued Alhaji A. W. Akibu, now deceased and Alhaja Mutaitu Adunni Akibu, as 1st and 2nd defendants respectively claiming -

"(1) A declaration that the plaintiff is the owner of the piece or parcel of land situate, lying and being at Apesin Street, Idi-Araba, Surulere, Lagos covered by a Deed of Conveyance dated the 16th day of June, 1977 and registered as No.68 at page 68 in volume 1720 of the Register of Deeds kept at the Lands Registry, Lagos and the person entitled to the statutory right of occupancy in respect of same.

(2) N1,000 as damages for trespass committed by the 1st and 2nd defendants against the plaintiff in respect of the said land between the months of April and June, 1978.

(3) An injunction restraining the 1st and 2nd defendants their servants or agents from…

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