SOLANA
V.
OLUSANYA & ORS.

(1975) JELR 46231 (SC)    

Supreme Court  ·  SC.434/1974 ·  3 Jun 1975 ·  Nigeria
 · 
Other Citations
SOLANA v. OLUSANYA & ORS. (1975) 6 S.C. (REPRINT) 49
CORAM
TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria DANIEL O. IBEKWE Justice of The Supreme Court of Nigeria
Core Terms Beta
dispute
title
property
evidence
1st plaintiff
statement of defence
chief a. y. ojikutu
declaration of title
learned trial judge
piece of land
suit sc
disputed land
facts
high court
lower court
supreme court
11th march
administrator of the estate of a. o.thomas
a.y. ojikutu
civil cases
claim of the 1st plaintiff
earlier case
evidence act cap
evidence law
exhibit f
exhibits g
favour of chief a. y. ojikutu
favour of the 1st respondent
first ground of appeal
g. s. sowemimo
judgment of the lagos state high court
judgment of the learned trial judge
lagos land registry
late chief a. o. thomas
leading judgment
main defence
mr. sofola
pillars lb
portion of the land
possession of the said property
provision of section
purpose of the trial
storey building
sub-section
title of the appellant
virtue of a conveyance
virtue of a deed of conveyance

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Lagos State High Court, in which the court granted the claim of the 1st plaintiff to a declaration of title to a property situate at No. 5, Abey Road, off Ikorodu Road, but dismissed the claims for damages for trespass and injunction. The court also ordered the defendant, now the appellant before us, to give up possession of the said property to the 1st plaintiff.

The facts, which are not in dispute and which are set out in the pleadings, are as follows. The original owner of the property in dispute, which for the purpose of the trial in the lower court is demarcated on a plan tendered in evidence and marked yellow, was the late Chief A. O. Thomas. The 1st plaintiff's predecessors-in-title bought the property from the Federal Administrator- General (the Administrator of the Estate of A. O.Thomas deceased) under and by virtue of a conveyance dated 1st June, 1955 and registered as No. 70…

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