The Attorney General Of Lagos State V. The Hon. Justice L. J. Dosunmu (1989) LawGlobal-Hub Lead Judgment Report OPUTA, J.S.C. This is an appeal from a reserved judgment of the Court of Appeal delivered on the 1st day of September, 1988. Akpata, J.C.A., wrote the lead judgment, while Babalakin and Awogu, J.J.C.A., concurred. Akpata, J.C.A.,…

Benignus Duru & Anor V. Jonathan Nwosu (1989) LawGlobal-Hub Lead Judgment Report NNAMANI, J.S.C.  This appeal is interesting from several perspectives. First, in substance it is about a case in which two communities are contending about title to a piece of land known as ALA-AMAEKE. Each community claims that the land in dispute formed part…

Akin Adejumo & Ors V. Ajani Yusuf Ayantegbe (1989) LawGlobal-Hub Lead Judgment Report NNAEMEKA-AGU, J.S.C. This is an appeal by the Defendants against the judgment of the Court of Appeal, Ibadan Division, which had set aside the judgment of Aboderin, J. sitting in an Ibadan High Court. The claim before the High Court was as…

Col. Halilu Akilu V. Chief Gani Fawehinmi (No.2) (1989) LawGlobal-Hub Lead Judgment Report OPUTA, J.S.C.  This is a rather curious and intriguing case. The plaintiffs now appellants are claiming as “beneficiaries of the Estate of Mrs. Elizabeth Chinweze deceased.” There is no dispute that the appellants are the children of Mrs. Elizabeth Chinweze deceased. The…

Febisola Okwueze V. Paul Okwueze (1989) LawGlobal-Hub Lead Judgment Report UWAIS, J.S.C.  The respondent is Ibo from Onitsha in Anambra State of Nigeria while the appellant is Yoruba. Sometime in June, 1967 the appellant got married to the respondent under the native law and custom of Ondo in Ondo State of Nigeria. The respondent was…

Dipo Rafiu Ayinde & Anor V. Alhaja Sakiratu Salawu (1989) LawGlobal-Hub Lead Judgment Report AGBAJE, J.S.C.  The plaintiff, Alhaja Sikiratu Salawu, sued the defendants Dipo Rafiu Ayinde and Saidu Mustafa in an Ibadan High Court claiming against them as follows:- “(a) Declaration that the Plaintiff is entitled to statutory right of occupancy to all that…

Daniel Dibiamaka & Ors. V. Prince O. Osakwe & Ors. (1989) LawGlobal-Hub Lead Judgment Report OPUTA, J.S.C.  This was a three-cornered fight between the plaintiffs who sued for themselves and on behalf of and as representing the people of Umuonai Quarters of Akwukwu. The original named plaintiffs were Crawford K. Anyekonwu, Michael Onyekwena and Daniel…

A. Makanjuola & Anor V. Chief Oyelakin Balogun (1989) WALI, J.S.C.  In the High Court of Justice of Oyo State of Nigeria. Ibadan Judicial Division, the plaintiff sued the defendants jointly and severally asking for the following reliefs:- “1. Declaration of title under Native Law and Custom to all that piece or parcel of land,…

Bello Akanbi & Ors. V. Mamudu Alao & Anor (1989) LawGlobal-Hub Lead Judgment Report CRAIG, J.S.C. This is an appeal from a Ruling of the Court of Appeal, Kaduna, given on the 16th September, 1986, and the two main issues which arise for determination are: (a) Whether the lower Court had jurisdiction under the Nigerian…