OBASOHAN
V.
OMORODION & ANOR

(2001) JELR 44328 (SC)    

Supreme Court  ·  SC.131/1996 ·  13 Jul 2001 ·  Nigeria
 · 
Other Citations
Obasohan v. Omorodion (2001) 13 NWLR (Pt.729) 206 (2001) 7 S.C (Pt.I) 154
Obasohan v. Omorodion (2001) 13 NWLR (Pt. 729) 206
CORAM
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI 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
Core Terms Beta
respondents
trial judge
court of appeal
learned trial judge
land use act
grant of statutory right of occupancy
high court
native law
respective fathers
learned judge
leading judgment
statutory rights of occupancy
benin city
brothers of the full blood
decision of the high court
learned counsel
parcel of land
terms of the land use act
2nd plaintiff
competing claims
evidence of partition
family property
first respondent
following terms
joint acquisition of the property
joint owner of a property
joint owners
joint owners of the premises
jurisdiction of this honourable court
larger land
learned justice of the court of appeal
order of partition of the land
order of this honourable court
part of the house
provisions of land use act
remaining portion
respective fathers of the parties
respective portions of no.
respect of premises
right side of the said building
root of title of the joint ownership
second question
subject of a statutory right of occupancy
substance of their claims
such claim
suit no.b
terms of the judgment of the trial
title of the respondents
various claims

AYOOLA, J.S.C. (Delivering the Leading Judgment): The Court of Appeal (Musdapher, JCA, Ejiwunmi, JCA (as he then was) and Edozie, JCA) dismissed the appellant's appeal from the decision of the High Court of what was then the Bendel State whereby judgment was entered for the respondents in the following terms:

"(1) It is hereby declared that prior to the Land Use Act 1978, the plaintiffs and the defendant having succeeded their respective fathers in accordance with Bini native law and custom were joint owners of all that piece or parcel of Land with the building thereon situate, lying at No. 41 Akpakpava Street, Benin City within the jurisdiction of this Honourable Court.

"(2) It is hereby declared that the plaintiffs and the defendant are each entitled to a grant of statutory right of occupancy for their respective portions of No. 41 Akpakpava Street. That is, the 1st plaintiff is entitled to the fourteen rooms occupied by his father and inherited by him towards the left side of the …

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