(1974) JELR 46169 (SC)    

Supreme Court  ·  SC.51/1973 ·  25 Apr 1974 ·  Nigeria
Other Citations
NWOSU v. OTUNOLA (1974) 4 S.C. (REPRINT) 14
TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
mesne profits
statement of claim
possession of the premises
bale street
better title
chief williams
mr. e. nwokedi
customary law
occupation of the house
present case
suit no. ld
chief ojora chieftaincy family
consent of the ojora chieftaincy family
custom of the said family
final determination of the case
following grounds
further order of the court
high court of lagos state
judgment of adefarasin
lagos high court
lagos state
lawful possession of the premises
leading judgment
main claim
mere wrongdoer
mr. daniel c.a. nwokedi
ojora chieftaincy family
open door
owners of the land
particulars of error
physical possession of the house
question of the right of the plaintiff
recovery of possession of the property
sufficient evidence of his previous possession of the property
support of the averments
tenant of the ojora family
tenants of the premises
true owner
unlawful possession
words of the learned trial judge

T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): In this appeal from the judgment of Adefarasin, J., in Suit No. LD/575/7O delivered in the High Court of Lagos State on June 1, 1972, the plaintiff was non-suited on the ground that he had failed to establish his right to the possession of the premises the subject-matter of the suit. His writ was endorsed as follows:

"(1) The plaintiff's claim against the defendant is for the recovery of possession of the property situate lying and being at No. 42A Bale Street, Aiyetoro, Ajegunle, Apapa, plus mesne profits at the rate of 10 Pounds per month for the period during which the defendant is found to be in unlawful possession until he gives up such sum as damages for trespass to the aforesaid property.

(2) Injunction restraining the defendant his servant, and agents from continuing such trespass."

In his Statement of Claim, the plaintiff averred that at all material times he was lawfully in possession of the premises at No. 42A Bale Str…

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