Customer Support

OBATOYINBO & ANOR
V.
OSHATOBA & ANOR

(1996) JELR 47519 (SC)

Supreme Court 7 May 1996 Nigeria
BriefBot icon

BriefBot Summary

Free

- The dispute concerned title and customary right of occupancy over land known as Onikoko/Obada/Oke-ewu/Ogbokewe, with the plaintiffs claiming ownership and seeking the ejectment of the defendants, who counterclaimed for title. - After tran

Case Details

Suit Number:SC.71/1990
Judges:ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Counsel:1. A. Salman, SAN.2. A. Amuda For Appellant 1. Chief Wole Olanipekun, SAN. 2. E.A. Ihenselehien For Respondent
Other Citations:(1996) 5 NWLR (Pt. 450) 531, Obatoyinbo v. Oshatoba (1996) 5 NWLR (Pt.450)531

OGUNDARE, J.S.C. (Delivering the Leading Judgment): This matter now on appeal to this Court has a chequered history. It originated in Iyara Area Court II where the title was:

"Sule Bakare-Iyamoye

vs.

(1) Samuel Oshatoba

(2) Otitonaiye Babalola - Ekinrin Adde"

After hearing evidence of both parties, the Court transferred the case to the Divisional Area Court Grade I, Kabba. The latter court too heard the evidence on both sides and, like the first court, transferred it to the Upper Area Court Lokoja for hearing and determination. The case was heard and determined by the Upper Area Court Lokoja. An appeal went to the High Court Lokoja which ordered a rehearing before the Upper Area Court, Omu-Aran. There was a hitch as a result of which the High Court directed that the case be transfered to the Upper Area Court Ilorin. As the assessor failed to show up at Ilorin, the case was again redirected to the Upper Area Court Omu-Aran which finally heard and determined it.

The Plaintiffs claimed b…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.