(2005) JELR 45262 (CA)    

Court of Appeal  ·  CA/L/50/2001 ·  27 Apr 2005 ·  Nigeria
Other Citations
Alabi v. Doherty. (2005) 18 NWLR (Pt.957) 411
Alabi v. Doherty (2005) 18 NWLR (Pt. 957) 411
WALTER SAMUEL NKANU ONNOGHEN Justice of The Court of Appeal of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
appellate court
fair hearing
lead judgment
reasonable time
head of the ashamu family
instant appeal
learned judge
purported sale
trial court
1st appellant
consent of the principal members of the family
long delays
native law
supreme court
absence of the consent of other principal members
ademuyiwa ashamu
basis of the given categorizations
behalf of the appellants
considered view
court of appeal
declaration of title
diverse acts of possession
effect of exhibit
facts of the matter
favour of respondents
flagrant breaches of the constitutional rights of the defendant
good reasons
interested party
lagos state high court
leading judgment
leave of court
letting of the land
much money
parcel of land
real issues
recollection of the evidence
short witnesses
such acts
time of sale of the land
wrong evaluation of the evidence

M. D. MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The facts of the matter leading to the instant appeal are brief and not in dispute. These facts, from the pleadings and evidence supplied by parties at the trial court, Lagos State High Court, are hereunder retold.

Ademuyiwa Ashamu, now deceased, had had and held a parcel of land under Yoruba native law and custom. The land, on Ademuyiwa's death, devolved on his children: Tiamiyu, Ashimowu and Bisiriyu. The children exercised diverse acts of possession and ownership over the land that had on the death of their father, devolved on them. The letting of the land in dispute in 1973, to Tajudeen Alabi, one of the two appellants, was one of such acts. Mr Alabi, who was the defendant in suit No. LD.825/84 at the lower court, was a rent paying tenant. His case is that the land he initially held as a tenant was subsequently sold to him by Tiamiyu Ashamu in 1978. Tiamiyu was the head of the Ashamu family from 1972, at the time of sale of…

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