Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



KANO
V.
OYELAKIN

(1993) JELR 44661 (SC)    

Supreme Court  ·  SC.43/1989 ·  26 Mar 1993 ·  Nigeria
 · 
Other Citations
Kano v. Oyelakin (1993) All NLR 285 (1993) 24 N.S.C.C (Pt I) 373
Kano v. Oyelakin (1993) 3 NWLR (Pt. 282) 399
CORAM
MUHAMMADU LAWAL UWAIS JSC SAIDU KAWU JSC ABUBAKAR BASHIR WALI JSC MICHAEL EKUNDAYO OGUNDARE JSC SHEHU USMAN MOHAMMED JSC

Ratio Decidendi

Core Terms Beta
defendant
plaintiff
evidence
statement of claim
learned trial judge
law
native law
statement of defence
court of appeal
deed of conveyance
ashipa of oyo
grounds of appeal
english law
learned justices of the court of appeal
ashipa family
due respect
f.s.c
written agreement
following facts
forfeiture of the defendant
learned justices of appeal
plaintiff's claim
pleaded agreement
record of transaction
said land
additional evidence
affirmation of the judgment of the trial court
agreement of the learned trial judge
appellant's counsel
chief amuda olorunkosebi
conditions of the said agreement
dismissal of the appeal
finding of the learned trial judge
following issues
judgment of the trial court
latter court
leading judgment
learned trial judge of the high court of oyo state
michael adebowale dada
none of the incidents of customary grant
oral argument
order of forfeiture of the land
plaintiff's case
possibility of a settlement of the dispute
respect of a piece of land
rules of english law
saba market isale-oyo quarters
such presumption
view of the nature of the use


OGUNDARE, J.S.C. (Delivering the Leading Judgment): The plaintiff, Chief Amuda Olorunkosebi the Ashipa of Oyo, for and on behalf of himself and the Ashipa family sued the defendant (who is now the appellant before us ) for and on behalf of himself and the Hausa Community, claiming forfeiture of the defendant's tenancy in respect of a piece of land situate and being at Saba market Isale-Oyo quarters in Oyo town, arrears of rent and mesne profits until possession is yielded up. Pleadings having been filed and exchanged and amended by the defence, and the plaintiff having filed a reply to the statement of defence, the case proceeded to trial at the conclusion of which the learned trial Judge of the High Court of Oyo State (Oyo Judicial Division) found for the plaintiff and entered judgment in his favour "for an order of forfeiture of the land let by the plaintiff's predecessor to the defendant in 1970 for use by the defendant as cattle enclosure." The learned trial Judge further ordered …

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