Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ELEGUSHI & ORS.
V.
OSENI & ORS.

(2005) JELR 45193 (SC)    

Supreme Court  ·  SC.50/2001 ·  15 Jul 2005 ·  Nigeria
 · 
Other Citations
Elegushi v. Oseni (2005) 14 NWLR (Pt.945)348 (2005) 7 S.C (Pt III) 205 (2005) 7 S.C (Pt III) 205
CORAM
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Supreme Court of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
defendants
evidence
lagos state government
maiyegun village
better title
issues
notice of acquisition
plaintiff
exclusive possession of the land
traditional history
leading judgment
learned trial judge
court of appeal
exhibits c
revocation of the land
trial court
cross examination
issue of title
maiyegun family
portion of land
possession of the village
statement of claim
traditional evidence
12th defendants
appeal fails
b-c
close of the case
customary law
customary tenants of the plaintiff
direct conflict
final judgment
following words
ibeju lekki areas of lagos state
lagos division
leave of court
lower court
maximum acts of possession
notice of appeal
original 1st
original plaintiff
parts of the land
points of law
possession of the said village
proven facts
remaining defendants
representative of elegushi royal family
using of the exhibits

ONU, JSC (Delivering the Leading Judgment): The first and only plaintiff in this case, initially sued as representative of Elegushi Royal Family, the five defendants representing the Maiyegun Family. He (plaintiff) later obtained an order to join other members of his family herein they jointly claimed for:

"(a) Forfeiture of the properties held by the defendants under customary law as customary tenants of the plaintiff on the area marked blue on Plan No. BAASS/073/LAG/94.

(b) Possession of the said village forfeited from defendants shown as Maiyegun village and marked blue on Plan No. BAASS/073/LAG/174 drawn by a Licensed surveyor A. Akinyemi.

(c) Perpetual Injunction restraining the defendants by themselves, their privies, servants and agents from selling or alienating the portion of land shown on plan No. AASS/073/LAG/94 edged yellow on the said plan.

(d) Perpetual Injunction restraining the defendants by themselves, their servants and privies from further trespassing on the portio…

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