SOLANKE V. ABED & ANOR.

• Pages: 160-163

160

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NIGERIAN SUPREME COURT CASES

[1962] N.S.C.C.

boro was given to the Egbados. The third witness for the defence said that the

land was Ijeja land and used to be a farm of the Ijeja people. In cross-examin-

ation he said this:-

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The land in dispute was not an lgboro Grove. The land on which Ijeja people

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now reside was originally Igboro land and Ijeja land. lgboro and Ijeja come

on the land at the same time. We were together. When Ishaga and lbara came,

we broke the wall to allow them to enter - all the Egba people broke the wall

and settled the Ishagas where they now are. We settled the Ishagas outside

the wall where the land in dispute is.

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It seems to me that the overwhelming weight of evidence is in favour of the

plaintiff. The Balogun of Ibara said that the land was settled on by the plaintiff's

ancestor, who built a house on it. The plaintiff said that he was born on the land

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and that his family had built on it. The surveyor saw the buildings and marked

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them on the plan (Exhibit A). The defendants did not suggest that the plaintiff's

family had not erected the buildings on the land. The defendants' case was that

the land was not part of the land allocated in 1862 but part of lgboro which was

never given to the Egbados. This is inconsistent with the evidence of their own

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witness Faseun, and inconsistent also with their own plan. I have no doubt that an

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area of land outside the walls of Abeokuta was retained for the worship of the

Oro cult, but in my view the land now in dispute is not part of that land

For the reason given in this judgement I would allow the appeal, set aside the

judgment and order as to costs in the Court below, and give judgment for the

plaintiff as follows:-

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(a)

a declaration that the land edged pink in exhibit A is the family land of the

Akinola Abore family of !saga Abeokuta.

(b)

£50 damages for trespass.

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The appellant is entitled to costs in this Court and in the Court below which I

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would assess at a total sum of 144 guineas.

Brett, F.J. I

concur.

Taylor,

F.J. I concur.

Appeal allowed.

SOLANKE V. ABED & ANOR.

AYO SOLANKE

V

1.

ABRAHAM ABED

2.

MR. OGUNLOWO

APPELLANT

RESPONDENTS

SUIT NO. FSC 289/1961

45

35

40

FEDERAL SUPREME

ADEMOLA,

UNSWORTH,

TAYLOR,

27th April, 1962.

COURT,

C.J.F.

F.J.

F.J.

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Customary Law - Land and Native Rights Act, Cap.105 (1948 Ed) Sections 11,

12 - Transfer without Governor's consent - void but not illegal.