AKINGBADE V. ELEMOSHO

• Pages: 96-100

96

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NIGERIAN SUPREME COURT CASES

[1964] N.S.C.C.

The order of the Court will be that the judgement of the High Court of Eastern

Nigeria in suit No. 0/78/1956

Monago Onyekagbu versus lbeakanma Ugwajiofo

and Another

is set aside, and it is ordered that the suit be retried before the High

Court, each party being at liberty, with the leave of the High Court, to amend his

pleadings. The appellants are awarded costs of the appeal assessed at 100 gui-

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5

neas. If the costs awarded to the plaintiff in the High Court have been paid they

are to be refunded, and the costs of the former trial shall await the event of the re-

trial.

Appeal allowed: re-trial ordered.

AKINGBADE V. ELEMOSHO

10

15

OLOYEDE AKINGBADE

V

OYEYIPO ELEMOSHO

APPELLANT

RESPONDENT

SUIT NO. FSC 353/1962

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25

SUPREME COURT OF NIGERIA

ADEMOLA,

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C.J.N.

BRETT,

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J.S.C.

BAIRAMIAN,

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J.S.C.

9th April, 1964

Evidence - Evidence Act, ss.7, 10, 12(b), on relevant facts -

Native Law and Custom- Purchase of land from a chieftaincy family - Fanzily

giving possession - no conveyance by deed- Whether purchaser obtained title

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or equitable interest only

Practice and Procedure - Evidence of relevant facts - Conveyances of nearby

plots by P. to show that P. had possession of plot in dispute and had made

a layout

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Real property - Pure'laser of legal estate - Facts suggesting notice of another's

prior equity.

ISSUES:

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1.

Whether a Conveyance or a written contract is necessary to transfer an interest

to land under Native Law and Custom.

2.

Can conveyances of nearby plots be relevant facts for the purpose of

identifying a plot in dispute.

FACTS

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In 1911 one Pearse bought an area from the Oloto Chieftaincy Family; he paid

the price and was given a receipt and possession. Later P. laid it out in plots, and

gave conveyances to the purchasers. The plot in dispute passed by successive

sales to the plaintiff, who bought it with a conveyance to him which he registered

in April, 1960. The Olotos sold the plot to A. in July, 1960 with a conveyance, and

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A. sold it by conveyance to the defendant in September, 1960. He testified that he

viewed the plot before buying it, and a search at the Land Registry revealed no

previous conveyance of the plot. The conveyance to A. describes the plot as being

in Pearse Street, and there was at least one house on the row where the plot lies.