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FOLARIN
V.
DUROJAIYE

(1988) JELR 42792 (SC)

Supreme Court 19 Feb 1988 Nigeria
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- The case involves a dispute over title to land. - The appellant filed a suit claiming a declaration of entitlement to a Certificate of Occupancy, damages for trespass, and an injunction. - The trial judge ruled in favor of the appellant,

Case Details

Suit Number:SC.144/1986
Judges:ANDREWS OTUTU OBASEKI JSC SAIDU KAWU JSC CHUKWUDIFU AKUNNE OPUTA JSC ABDUL GANIYU OLATUNJI AGBAJE JSC PHILLIP NNAEMEKA-AGU JSC
Counsel:Mr. Ladosu Ladapo, SAN (with him Akintola Ladapo and Olubunmi Akinbami) For the Appellant Mr. C. J. Chukwura For the Respondent
Other Citations:Folami v. Durujaiye (1988) NWLR (Pt.70) 351

OBASEKI, JSC (Delivering the Leading Judgment): This appeal concerns title to land and the short point in it is whether the vendor from whom the Appellant bought and obtained a transfer of title, herself acquired any interest in the land which she could convey to the Appellant.

The Appellant was the Plaintiff in the High Court of Oyo State holden at Ibadan where he filed a suit - Suit No. 1/199/79 against the Respondent as Defendant claiming:

(1) A declaration that the Plaintiff is entitled to be granted a Certificate of Occupancy under the Land Use Decree in respect of plot 98 Orowuyewuye Layout, Oke Ado, Ibadan shown on survey site Plan No. LL. 3769 dated 10th September, 1965;

(2) ₦1,500.00 damages for acts of trespass committed and being committed by the defendant on the plaintiff's land at plot 98 Orowuyewuye Layout Oke Ado, Ibadan;

(3) Injunction restraining the defendant, his agents, his servants and/or anyone through him from committing any further act of trespass on the said l…

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