AKINSUROJU & ORS. V. JOSHUA & ORS.

• Pages: 40-48

40

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NIGERIAN SUPREME COURT CASES

[1991] 2 N.S.C.C.

AKINSUROJU & ORS. V. JOSHUA & ORS.

1.

M.O. AKINSUROJU

(THE LAPOKI OF AYE)

2.

CHIEF OGIDIMO

3.

ZACHEAUS LOYIMI

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APPELLANTS

4.

JOHN ADUWO

[on behalf of themselves and

the Ikale Aye people of Epewe

Imobi and Mororo respectively]

V.

1.

CHIEF PAUL OLA JOSHUA

(THE OLOJA OF IGBOBINI)

2.

CHIEF OLOYEADE EBISAN

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RESPONDENTS

3.

YAYI EBIHAN

[For themselves and all

other people of Igbobini]

APPEAL NO. SC. 216/1986.

SUPREME COURT OF NIGERIA

OBASEKI,

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J.S.C.

UWAIS,

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J.S.C.

KAWU,

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J.S.C.

BELGORE,

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J.S.C.

0 LATAWURA,

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J.S.C.

7th June, 1991.

Interpretation and Construction - Order 30 rule 3 High Court Rules cap.45 Laws of Ondo

State, 1978.

Land Law Declaration of title to land, damages for trespass, injunction - When granted -

A community suing in a representative capacity for ownership of individually owned

land - Propriety of - Communal and Family land - Distinction thereof

Practice and Procedure- Inconsistency in pleading - Effect of Order of Dismissal or

Non-suit - When made - Representative action - When instituted

ISSUES:

1.

Whether a community can sue in a representative capacity for declaration of

title to individually owned parcels of land when there is no evidence to show

that the land belongs to it.

2.

When may a court make an order of dismissal or non-suit in its judgment?

3.

What is the effect of an inconsistency in pleading?