(1992) JELR 44645 (SC)    

Supreme Court  ·  SC.204/1988 ·  14 Sep 1992 ·  Nigeria
Other Citations
Oredola Okeya Trad. Co. v. A-G. Kwara State (1992) NWLR (Pt. 254) 412 (1992) 9 SCNJ 13
Oredola Okeya Trad. Co. v. A-G. Kwara State (1992) 7 NWLR (Pt. 254) 412
ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria PHILLIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria OLAJIDE OLATAWURA Justice of The Supreme Court of Nigeria UCHE OMO 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
Core Terms Beta
court of appeal
land tenure law
land registration law
galadima family
learned trial judge
2nd respondent
kwara state
2nd defendant
mr. ijaodola
1st defendant
grounds of appeal
land use act
customary right of occupancy
parcel of land
brother ogundare
learned counsel
limited liability company
brief of argument
government of kwara state
laws of northern nigeria
leading judgment
legal title
respectful view
right of occupancy
admissible document
a. g. karibi-whyte
agreement of grant
conclusion of the new trial
customary land
effect of exhibit
end of the matter
following issues
ilorin airport
learned justices of the court of appeal
main issue
m. e. ogundare
mere agreement
notice of plaintiff
order of transfer of the suit
part of the land
prior interest claim
receipt of the statutory consent
registration of exhibit
said letter
said objections

M. E. OGUNDARE, J.S.C. (Delivering the Leading Judgment): The plaintiff, a limited liability company bought from the Galadima Family a piece or parcel of land situate at Galadima village opposite the Ilorin Airport. Sometime later the Government of Kwara State granted a part of the land to the 2nd defendant for the purpose of a petrol station. The latter went into possession and erected a petrol station on the land granted it by the Government, who is represented in these proceedings by 1st defendant. The plaintiff protested to the Commissioner for Housing and Environment, Ilorin and when it failed to obtain redress, sued the two defendants, claiming as per its statement of claim:

"(i) that it may (be) decreed that its right of occupancy (over the land in disputed) still subsists; and

(ii) that it may be ordered that the second defendant is prohibited from occupying the land in question and/or from committing further acts of trespass on the said letter (sic)" (brackets are mine)


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