(1997) JELR 45444 (CA)    

Court of Appeal  ·  CA/L/309/93 ·  14 Jul 1997 ·  Nigeria
Other Citations
Olumide v. Ajayi (1997) 8 NWLR (Pt. 517)
Olumide v. Ajayi (1997) 8 NWLR (Pt. 517) 433
SAMSON ODEMWINGIE UWAIFO Justice of The Court of Appeal of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Court of Appeal of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Court of Appeal of Nigeria
Core Terms Beta
3rd plaintiff
deed of conveyance
learned trial judge
2nd plaintiffs
kuyasi awushe family
statute of frauds
present case
2nd defendant
composite survey plan no. jo
civil procedure
issue of priority of interest
mr. abiodun bababunmi olaiya
said law
affidavit evidence
back of the instrument
bears date of registration
case register
defendant take priority
detailed procedure
determination of the following questions
evidence shows
exhibit j
genuineness of the purported registered document
high court law
high court of lagos
high court of lagos state
hostile proceedings
judgment of ajao oshodi j.
large tract of land
layout plan of the large tract of land
leading judgment
original owner of the land
ownership of the said parcel of land
part of the land use
present defendant
provisions of section
purported instrument
register of deeds
relevant documents
relevant paragraphs
residential plots
root of title
said family
said land
said parcel of land
sufficient evidence
virtue of section
western state

UWAIFO, J.C.A. (Delivering the Leading Judgment): The parties in this appeal from a judgment of Ajao Oshodi J. delivered on 6 December, 1991, are agreed that the Kuyasi Awushe family is the original owner of the land in dispute. That family owned a large tract of land at Onigbagbo Village, Ikeja, Lagos. The land in dispute formed part of it and according to a composite survey plan No. JO 98/88, exhibit J, produced by the plaintiffs/appellants, the said land is more particularly shown to be along Opebi Road.

A layout plan of the large tract of land was made by Kuyasi Awushe family in October, 1975 as shown in exhibit H. It was thereafter laid out into residential plots. Part of the land use thereby created is reflected in a layout survey plan No. JO 87c/75, exhibit F, drawn also in October, 1975. It shows what is referred to as Block II which includes, among others, plots 5, 6, 7 and 8.

One Mr. Abiodun Bababunmi Olaiya, a Solicitor, as owner of a parcel of land described in a deed of c…

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