Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



BASSIL & ANOR
V.
FAJEBE & ANOR

(2001) JELR 44236 (SC)    

Supreme Court  ·  SC.76/93 ·  27 Apr 2001 ·  Nigeria
 · 
Other Citations
Bassil v. Fajebe (2001)11 NWLR (Pt.725)592 (2001) 4 S.C (Pt.II) 119
CORAM
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
land
court
aina ogundipe
native law
trial judge
exhibit c
exhibit k
abraham akinola
chief abraham akinola
part of the land
1st respondent
court of appeal
purchase receipt
findings of fact
appellate court
chief t. a. doherty
register of deeds
root of title
original owner
clear evidence
exhibit d
facts of possession of the respondents
families of olukotun
indenture of conveyance
lands registry
leading judgment
learned judge
portion of the land
said aina ogundipe
2nd respondent
credibility of oral evidence
effective sale of family land
evidence of witnesses
face of undisputed evidence
findings of facts of the learned trial judge
fresh evidence
high court of lagos state
joint case of the appellants
joint possession of the land
lands registry lagos
lands registry office
main issues
main question
part of a large tract of land
pleadings possession of the land
said sale
such rehearing
view of the trial judge

AYOOLA, JSC (Delivering the Leading Judgment): By the time this matter reached this court the main question has been narrowed down to a short one; namely, whether judgment entered for the respondents on their claim for damages for trespass and injunction can be correct in the face of undisputed evidence that the land in dispute was not part of the land conveyed to their predecessor in title by an instrument registered as No. 43 at page 43 in volume 1615 of the Register of Deeds kept in the Lands Registry, Lagos.

The respondents who were plaintiffs in the High Court of Lagos State claimed from the appellants, who were defendants and counter-claimants in that suit, damages for trespass and injunction. Their case was that the land in dispute which was "more particularly and more precisely shown and delineated on the plan accompanying an indenture of Conveyance dated the 20th day of December, 1977, and registered No.8 at page 8 in volume 1674 of the Register of Deeds kept in the Lands Reg…

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