Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2021) JELR 108785 (CA)    
Court of Appeal  ·  SC.270/2011 ·  7 May 2021 ·  Nigeria
Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC John Inyang Okoro, JSC Ejembi Eko, JSC Ibrahim Mohammed Musa Saulawa, JSC Adamu Jauro, JSC

Ratio Decidendi

Core Terms Beta
agbeke family
lagos state government
certificate of occupancy
lower court
mushin branch
pastor igbeare
learned trial judge
exhibit p2
judgment of the trial court
burden of proof
exhibit p14
purchase receipt
credible evidence
disputed land
government acquisition
parcel of land
promoter of the respondent
evidence of pw1
exhibits p3
non-existent cross-appeal
ratification of the sale
registered trustees of grace church of christ
respect of the land
respondent fails
said land
totality of the evidence
court field
employment of the appellant church
facts of the case
finding of the lower court
formal letter of allocation of state land
further acts of trespass
high court of lagos state
judgment of the court of appeal
judgment of the learned trial judge
lagos judicial division
leading judgment
lpelr-4419 sc
respondent show
right of occupancy
set aside
vide official gazette no.
wind of the application

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Lagos Judicial Division delivered on 4th February, 2011, setting aside the judgment of the High Court of Lagos State Coram M.O. Obadina, J delivered on 10th June, 2005.

​The facts of the case are as follows: The appellant is a Christian religious organisation which was registered in 1963. It had several branches, which included the Mushin Branch, which eventually broke away from the main organisation and was registered in 1996 as The Registered Trustees of Grace Church of Christ, the respondent in this appeal. In 1976, while he was still a pastor in the employment of the Appellant Church, the promoter of the respondent, one Pastor Igbeare, purportedly purchased a parcel of land at 23/25 Fayemi Street, Ejigbo Town near Mushin from the Agbeke Family. The purchase receipt was in Pastor Igbeare's custody. The respondent applied for Land Information…

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