Ratio DecidendiRatio Decidendi


(1982) JELR 46410 (SC)    

Supreme Court  ·  SC.101/1981 ·  2 Jul 1982 ·  Nigeria
Other Citations
(1982) All N.L.R 188 Toriola v. Wiliams (1982) 7 S.C. 13
AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria CHUKWUWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
sadiq yaya
federal court of appeal
real estate
exhibit c1
order of court
customary law
learned trial judge
abibi aminu jinadu
declaration of title
native law
suit no. ld
children of sakariyawo yaya
georgetta bajulai
sakariyawo yaya
deed of conveyance
high court
register of deeds
said land
behalf of the children of sakariyawo yaya
children of a deceased father
letter of administration
mohammed sadiq yaya
particulars of error
present case
production of letters of administration
question of election
administrator of sakariyawo yaya
a. o. obaseki
concluding paragraph of the judgment of the federal court
defendants appeal
earlier case suit no. ld
estoppel res judicata
exhibit c
exhibit c1 show
head of the family
high court of lagos state
leading judgment
legal basis
letters of administration of the estate
lord atkin
parcel of land
recovery of possession of the said land
subject matter of this action
such documents
view of the foregoing explanation
view of the success of the claim

A. O. OBASEKI, JSC (Delivering the Leading Judgment): The appellants were the defendants to an action instituted and filed by the respondent on 26th September, 1970 in the High Court of Lagos State, Lagos - Suit No. LD/631/70 wherein the respondent claimed:

"(1) A declaration of title in fee simple or, alternatively, under Native Law and Custom to all that piece or parcel of land situate and lying and being at Ikorodu Road, Yaba, in Lagos, the said land being more particularly described in the plan attached hereto.

(2) 200 pound as damages for trespass to the said land;

(3) Recovery of possession of the said land; and

(4) An injunction restraining the defendants, their servants/and or agents from continuing or repeating any acts of trespass on the said land."

Pleadings were delivered and the action went to trial on the issues raised in the pleadings. Evidence was called and adduced by the plaintiff/respondent's case but the defendants/appellants called no evidence before closing their…

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