IGBINGSA V. AIYOBAGBIEGBE

• Pages: 81-84

IGBINGSA V. AIYOBAGBIEGBE

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made between 1948 and 1950 and find no amendment to the Schedule to the Notice

of the Native Courts that affects the courts in Ife and the two Courts as set out in

the Schedule to the Notice in 1948 remained untouched, and no new one was

added.

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After the most anxious consideration of this appeal, we are of the opinion that

we must make it clear that we are not saying that the 'Land Court of lie' did not

exist. For all we know a court by that name existed but it has not been proved in

this case that the court existed. The warrant of the court was not produced and

Exhibit H, which contains correspondence about Native Courts in lie District throws

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doubt on the existence of such a court or that a warrant for such a court was ever

issued. Whatever doubt that might exist it was for the defendant/appellant to clear

such doubt and this in our opinion he has failed to do.

That being so we are satisfied that the objector discharged the onus on him

when objecting to the judgment n Suit 40/50 as being given without jurisdiction by

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showing that the Schedule to the Notice did not show any such court as the Land

Court of Ife in 1950 when the hearing of the suit began. As Chief Williams did not

in the end dispute that the defendant failed otherwise to establish the validity of the

Land Court of lie we are of the view that Fakayode, J. was right to uphold the ob-

jection of the plaintiffs to the defendant relying on the judgment in Suit 40/50 as

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res judicata.

We accordingly dismiss this appeal.

Appeal Dismissed.

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(38VNIOSA, V.

AIYOBAGBEGBE

30 MICHAEL 0. IGBINOSA

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APPELLANT

V

COLE E. AIYOBAGBIEGBE

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DEFENDANT/RESPONDENT

SUIT NO. SC 556/1966

SUPREME COURT OF NIGERIA

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ADEMOLA,

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C.J.N.

COKER,

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J.S.C.

LEWIS,

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J.S.C.

7th March, 1969.

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Land Law - Conveyance by Oba of Benin in regard to which lie claimed he

did not intend to convey the land described - Fraud not pleaded so evidence

as to it should not have been allowed - Conveyance was voidable not void

so as not set aside could be relied on.

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ISSUES:

1.

Where a formal deed is executed by an adult, will ignorance of the contents of

such deed avail him in a subsequent action?

2.

Will the element of fraud render a contract void or viodable?

3.

Whether mere possession of property is sufficient to enable a party bring an

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action against a trespasser.

FACTS:

The Oba of Benin had by his own mistake re-granted land to the defendant

which he had already earlier granted to the plaintiff. The plaintiff thus issued a Writ

claiming recovery of the parcel of land, damages for trespass and a perpetual in-