(2022) JELR 109186 (SC)    
Supreme Court  ·  SC.27/2008 ·  7 Jan 2022 ·  Nigeria
Mary Ukaego Peter-Odili, JSC Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC Ejembi Eko, JSC Mohammed Lawal Garba, JSC Ibrahim Mohammed Musa Saulawa, JSC
Core Terms Beta
j. t. ayorinde
trial court
disputed land
lower court
locus standi
preliminary objection
exhibit b
possession of the land
customary law
exhibit c
exhibit d
kuforiji brothers
favour of rev.
general damages
general law
grounds of appeal
joint owners
11th september
administration of estate law of ogun state
amended statement of defence
deed of lease
exhibit a.
further amended notice of appeal
hezekiah christopher olajide kuforiji
judgment of the trial court
owner of the land
possession of the disputed land
samuel abraham kuforiji
undisputed fact
behalf of the kuforiji family
learned trial judge
nephew of rev.
purported notice of preliminary objection
court of law
defence evidence
favour of the respondent
findings of the trial court
h. akande
herbert frederick afolabi kuforiji
intestate realm of the late rev.
james tanimola ayorinde
late pa rev.
leading judgment
rate n50,000.00
said baptist mission
said deed of surrender

EJEMBI EKO, J.S.C. (Delivering the Leading Judgment): The undisputed fact is that on 11th September, 1954, the three Kuforiji brothers, namely: Samuel Abraham Kuforiji, Herbert Frederick Afolabi Kuforiji and Hezekiah Christopher Olajide Kuforiji, jointly and as joint owners to the exclusion of their other brothers and cousins, executed a deed of lease (Exhibit B) wherein, upon valuable consideration, demised the disputed land to the Foreign Mission Board of Southern Baptist Convention (hereinafter called the Baptist Mission) for 99 years (i.e. up to the year 2053). The Respondent, as the defendant at the trial Court, specifically admitted this fact, in the Amended Statement of Defence and the counter-claim. In paragraph thereof the defendant averred:

20. By a Lease made on 11th September, 1954 and registered as No. 9 at page 9 in volume 92 of the Lands Registry in the office at Ibadan now kept at Abeokuta the land in dispute was demised to the Baptist Mission for the term of 99 years a…

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