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NIGERIAN PROPERTY, REAL ESTATE & LAND LAW CASES [POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR]

Landlord & Tenant  -  Construction Law  -  Public Acquisition/Eminent Domain  -   Foreclosure  -  Homeowners Association  -  Land Use & Zoning  -  Property Management  - Customs & Land  - Matrimonial Properties


Comprehensive A-Z PDF Copy of this Index complete with "Citations" and "Main Issues" either singly or as a compendium of other CATEGORIES  - are available for a fee. Just fil this FORM HERE or email lawnigeria@gmail.com & treentrees@gmail.com or
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TITLE

MAIN ISSUES

7 UP BOTTLING CO. LTD. V.ABIOLA AND SONS BOTTLING CO. LTD

LAND LAW:- Land in urban area of Kaduna State – Whether the High Court of Kaduna State has exclusive jurisdiction to adjudicate in relation thereto

A G LEVENTIS AND CO LTD V.  ABASIOGBOYE

LANDLORD AND TENANT:- Recovery of premises - Section 2 of Recov­ery of Premises Ordinance - Definition of tenant

A.G, FEDERATION V. AJIBOSE

REAL ESTATE/ LAND:- Compulsory Acquisition of Lands-Assessment of Compensation-Judge rejecting evidence of experts - But eventually basing his findings on testimony of expert - Whether proper-Public Lands Acquisition Act s.15

A.G. ANAMBRA STATE V. ONUSELOGU ENTERPRISES LIMITED

LAW OF CONTRACT -Special damages - Proof of under contract and tort

A.G., BENDEL V. AIDEYAN

REAL ESTATE/LAND LAW:- Compulsory acquisition of State land - Whether can be lawfully effected in Bendel State otherwise than under Section 17 and 24 of the State Land Law of Bendel State

REAL ESTATE/LAND LAW:- Leasehold – State land - Whether a State land leased to a party can be compulsorily acquired without giving the lessee personal notice – Where acquisition of the land was published in the gazette and newspaper – Whether serves as effective notice to lessee

A.H. KUTI V. MR. A.O. ONAYADE

REAL ESTATE/LAND LAW:- Deed of Conveyance – Where invalid - Subsequent deed of ratifica­tion – Whether can rectify same

REAL ESTATE/LAND LAW:- Family land - Grant of - Failure of descendant of allottee – When re­version in the family inures

REAL ESTATE/LAND LAW:- Family land - Nature of right of allottee thereof - Glover settlement - Lands allotted thereunder – Whether can only be validly allotted to indi­viduals and not groups of individuals

A.O. WILLIAMS V. L.S.D.P.C

REAL ESTATE/LAND LAW:- Right of pre-emption in rep    ct of residue of term of years - Deed of lease - Subject to conditions of-lease - Apapa Town Planning Scheme (Western Area) 1953 Regulations 1954 - Lagos Town Planning (Apapa Town Planning Scheme) Regulations:         Cap. 133 Vol. VII of revised Laws of Lagos State of Nigeria (1973) - Lease by deed of assignment to sub-lease - Transfer by sub-lease to plaintiff/defendant - Notice of new policy - Demand for payment of 5% of consideration or valuation of land leased by defendant.

ABABA AND ANOTHER  V. ADEYEMI

REAL ESTATE/LAND LAW:- Claim for declaration of title  trespass, recovery of possession and injunction – When declaration of Title and injunction may be granted

ABASI V. ESIN

REAL ESTATE/LAND LAW:- Compulsory acquisition - Public Lands Acquisition Ordi­nance - Conflicting claims to parcel of land - How resolved.

ABASI V. ONIDO (CA)

REAL ESTATE/LAND LAW:- Declaration of title to land- Onus on plaintiff- How discharged - Whether can rely on weakness of defendant’s evidence.

ABAYOMI BABATUNDE V. PAN ATLANTIC AND TRANSPORT AGENCIES

 

ABAYOMI OLALEKAN V. THE STATE

REAL ESTATE/LAND LAW:– Registrable instruments – Failure to register a registrable instrument under section 15 of Land Instrument Registration Law Cap 58 Laws of Northern Nigeria 1963 – Effect of – Whether instrument capable of transferring an equitable interest

ABBA ASHEIK V. GOVERNOR OF BORNU STATE AND OTHERS (CA)

 

ABBAS V. OLATUNJI SOLOMON

REAL ESTATE/LAND LAW:- S.8 and S.9 of Recovery of Premises Act - Notice to terminate yearly tenancy may be given at any time at least 6 months before annual date of expiry of tenancy to take effect on that date

ABDUN KAKA V. MALAMI NAGWANJA

REAL ESTATE/LAND LAW -  DISPUTE OVER FARM LAND:- Land acquired by way of gift under Islamic law – How proved – Refusal to pay rent on demand for longstanding farm - Consequence

ABE V. AKAAJIME

REAL ESTATE/LAND LAW:- Declaration of title - Disputed land - Proof of boundaries of - When unnecessary

ABEKE V. IMAFIDON

 

ABGAIL FOLASHADE

REAL ESTATE/LAND LAW:- Real Property - Sale of land without deed - Registration of instrument - Whether notice of equitable interest to purchase for value of fee simple with conveyance - Recent conveyance - Recent possession - Land Registration Ordinance, cap.99.

ABIBATU FOLAMI & ORS V. FLORA COLE & ORS

REAL ESTATE/LAND LAW:– Family land – Alienation of by family head without consent of family members – Whether void or voidable

REAL ESTATE/LAND LAW:- Family land disposed by family head without consulting members – Rule that such transaction can be voided by the other members of the family – Whether applies to an innocent purchaser for value

ABIBU V. BINUTU AND ANOTHER

REAL ESTATE/LAND LAW:- Declaration of title to land - Proof of entitlement to - S.45 Evidence Act applicability of

ABIEGBE  V. UGBODUME

REAL ESTATE/LAND LAW:- Declaration of title to land -Damages for trespass and injunction - Want of prosecution.

ABINKUMI V. KASIMU

REAL ESTATE/LAND LAW:- Ownership of house – Need for parties to

ABIODUN V. FASANYA

REAL ESTATE/LAND LAW:- Land - Declaration of title – Essentials

ABIODUN ADELAJA V. OLATUNDE FANOIKI & ANR

REAL ESTATE/LAND LAW:-  Declaration of title - Onus of proof - How discharged - Conveyance - Due execution - How proved - Ss. 18(l) - (5) and 31, Land Instruments Registration Law, (Cap.56) of Oyo State - Scope of - Decision in Jules v. Ajani - Scope of

ABIODUN FAMUROTI  V. MADAM S. AGBEKE

REAL ESTATE/LAND LAW:- Conflicting claims to the ownership of land - Trespass to land and injunction - Proof of Nemo dot quo non habit - Application of

ABIOYE V. YAKUBU

REAL ESTATE/LAND LAW:- Customary right of occupancy - Deemed grant under Land Use Act, 1978 - Who is entitled thereto - Meanings of ‘occupier’ and ‘holder’ under section 36 of the Land Use Act.

ABISI V. EKWEALOR

REAL ESTATE/LAND LAW:-  Declaration of title - Onus of proof in cases of.

 

ABOABA V. KALAIWO

REAL ESTATE/LAND LAW:-  Landlord and Tenant-Rent Restriction Ordinance, Cap. 186 - Claim for repossession on ground of Abatement Notice for nuisance - Requirement that Landlord must prove impossibility of compliance without ejectment of tenant - Balance of Hardship

ABODERIN V. MORAKINYO

REAL ESTATE/LAND LAW:- Land held under Customary tenure - Conveyances purporting to transfer fee simple thereof

ABORODE  ALADE 2 ORS V. BUARI AKANDE AND ANOR

REAL ESTATE/LAND LAW:-  Holder or Occupier - Meaning of

ABOYADE COLE V. S. R. FOLAMI

REAL ESTATE/LAND LAW:- Priority of Titles - Equitable and Legal estates

ABRAHAM OYENIRAN & ORS. V. JAMES EGBETOLA & ANOR.

REAL ESTATE/LAND LAW - TITLE TO LAND:- Land in rural areas - Whether the High Court can assume original jurisdiction even when it takes appeal from the Customary Court in matters thereto

ABRAHAM V. OLORUNFUNMI(CA

REAL ESTATE/LAND LAW:- Co-ownership - Claim founded thereon - How pleaded and proved.

REAL ESTATE/LAND LAW:- Co-ownership of property - Effect of - How proved.

REAL ESTATE/LAND LAW:- Declaration of title - Five ways in which title to land may be proved- Burden on plaintiff claiming therefor - Whether plaintiff can rely on weakness of defence

ABU V. KUYABANA

REAL ESTATE/LAND LAW – CONVEYANCING:- "Instrument" within the meaning of Land Instrument Registration Act, Cap. 515 Laws of the Federation of Nigeria, 1990 - nature of document that qualifies as same

REAL ESTATE/LAND LAW – CONVEYANCING:- Registrable instrument - power of attorney - Nature of - Power of attorney to execute any instrument in respect of a landed property - When it becomes registrable under the Land Registration Act, Cap. 515 Laws of the Federation of Nigeria, 1990

ABUBAKAR V. BEBEJI OIL AND ALLIED PRODUCTS LTD

REAL ESTATE/LAND LAW:- Trespass to land-Possession - Whether mere possession is sufficient to maintain trespass

REAL ESTATE/LAND LAW:- Land Registration-Temporary Occupation Licence-Whether registrable under the Land Registration Act—Regulation 17 of 1937 (Laws of Nigeria and Lagos VOL. VIII Page 1194)

ABUBAKAR V. CHUKS

 

ACHIAKPA V. NDUKA

REAL ESTATE/LAND LAW:- Proof of title - Person relying on acts of possession and ownership - What he must show

REAL ESTATE/LAND LAW:- Traditional history - Party relying thereon - What must be pleaded and proved

ADAJA V. APOTI

REAL ESTATE/LAND LAW:- Family property - Representative action on behalf of family - Failure to prove common interest with the family - Effect.

REAL ESTATE/LAND LAW:- Family property - Who can sue for protection thereof.

ADAMO GBOLADE ADEKO  V. IJEBU-ODE DISTRICT COUNCIL

 

ADANI & ANOR V. IGWE

REAL ESTATE/LAND LAW:-Trespass coupled with injunction - Whether title in issue

ADEBAJE V. CONDE

REAL ESTATE/LAND LAW:- Agreement for Sale of land by auction–Sale without reserve price – Validity of sale - Specific performance – When would be ordered

 

REAL ESTATE/LAND LAW:- Agreement for Sale of land by auction–Sale without reserve price – Validity of sale - Specific performance–

ADEBAJO V. ADEBAJO (S.C.)

 

ADEBAJO V. TENNESSEE NIGERIA INC.

REAL ESTATE/LAND LAW:- Landlord and Tenant -  Leases - Tenant - Liability for holding over after expiry of term - Entitlement of landlord to payment for use and occupation of premises – How treated

ADEBAJO V. ADEBAJO

 

ADEBAYO  V. IGHODALO

REAL ESTATE/LAND LAW:- Declaration of title - Acts of possession in proof of title - When plaintiff cannot rely thereon

REAL ESTATE/LAND LAW:- Declaration of title to land-Where plaintiff s evidence contradictory - Effect on his claim

REAL ESTATE/LAND LAW:- Possession - Where both parties claim to be in possession - How issue thereof resolved

REAL ESTATE/LAND LAW:- Trespass - Who can maintain action therefor - Where issue of title raised therein - What plaintiff must show to succeed

REAL ESTATE/LAND LAW:- Trespass and injunction - Claim thereof - When title becomes an issue

ADEBIYI  V.  ABEKE

REAL ESTATE/LAND LAW:- Error in numbering of plot - Effect

REAL ESTATE/LAND LAW:- Title - Priority of- Priority of two conveyances in respect of the same plot - How determined

ADEBOWALE V. AINA

REAL ESTATE/LAND LAW:- Trespass to land - Communal property - Who can sue.

ADEDEJI V. OLOSO

REAL ESTATE/LAND LAW:- Dispute over title to land – Possession – When will inure to defeat title -  Acquiescence - Meaning of - When may bar claim for ownership of land

REAL ESTATE/LAND LAW:- Customary tenancy - Nature of

REAL ESTATE/LAND LAW:- Ownership of land - Acts of ownership - When acts can qualify as.

REAL ESTATE/LAND LAW:- Possession - Adverse possession - Nature of- Whether tenant’s possession can be adverse to ownership of landlord

ADEDIBU AND ANOTHER. V. OLOFA

REAL ESTATE/LAND LAW:- Distinction between settler and the holder of a grant – Whether  no more than a mere technicality

REAL ESTATE/LAND LAW:- Title over land - Onus of proof – On whom lies – Need for plaintiff to establish his claim as pleaded - Effect of dismissal of plaintiffs claim in the absence of a counter-claim by the defendants – Whether dismissal amounts to a declaration of title in the defendants

ADEDIRAN  V. INTERLAND TRANSPORT LIMITED

REAL ESTATE/LAND LAW:- Building plan - Whether valid even if inconsistent with approved layout.

ADEDOJA AND OTHERS V. ADEBOWALE AND ANOTHER.

REAL ESTATE/LAND LAW:- Claim for ownership of cocoa farm - Plaintiff‘ and defendant close blood relations - Family land - Whether divisible - Claim instituted in Customary Court – Effect

ADEFULU  V. OKULAJA

 

ADEGBAIYE V. AKINRIMISI

REAL ESTATE/LAND LAW:-Claim for declaration of title - Damages for trespass and Injunction – When will avail

ADEGBENRO V. AKINTOLA

REAL ESTATE/LAND LAW:- Right to property - Constitution of the Federation (1960) s.30 (s31 of the 1963 Constitution), s. 114 - Constitution of Western Nigeria (1960), s.33(10 proviso (a) - Constitution of Western Nigeria (Amendment) Law, 1963, s.2, s.3 - Presumption against intention to confiscate property or encroach on rights – Effect

ADEGBOYEGA V. IGBINOSUN

REAL ESTATE/LAND LAW:- Title to Land - Benin Customary Law on grants of land by Oba – Proof of  -Whether Trial Judge wrong to take judicial notice of Benin Custom – Duty of Trial Judge to determine party with valid grant from Oba – Effect of failure thereto

ADEGOKE V. ADIBI

REAL ESTATE/LAND LAW:- Declaration of title to land - Trespass - Damages - When sustainable - Identity of land in dispute - When deemed properly pleaded

ADEKANBI V. AYORINDE

REAL ESTATE/LAND LAW:- Title to Land - Plaintiff failing to prove exclusive right to land - Finding of joint ownership – Proper order for trial court to make

ADEKOYA V. FEDERAL HOUSING  AUTHORITY (CA

 

ADEKUNLE V. AYINKE

REAL ESTATE/LAND LAW:- Claim for declaration of title over land - Reliance on documentary evidence and on acts of ownership - Acts of possession which may also be regarded as acts of ownership – Whether the circumstances need be such that the person in possession ought to be regarded as the owner – Effect of s.145 of Evidence Act – When court will consider case not proved

ADELAJA  V. ALADE(2)

 

ADELAJA V. ALADE(CA

REAL ESTATE/LAND LAW:- Cap.56 Laws of Oyo State 1978 ‑ Proof of due execution of deed – What constitutes

 

ADELAJA V. ALADE

REAL ESTATE/LAND LAW:- Due execution of land instruments – Proof of - When unnecessary - Section 18 and 31 of the Land instruments Registration Law of Oyo State considered.

ADELAJA V. SALO

 

ADELEKE V. ASERIFA

REAL ESTATE/LAND LAW:- Claim for title to land – Family land - Plaintiff tracing title to established owner - Onus on the defendant

REAL ESTATE/LAND LAW:- Family Property - Partition – How proved - Co-owners of partitioned property - Alienation by some without consent of others - Whether alienation void or voidable.

REAL ESTATE/LAND LAW:- Family Property - Partition - Partition acknowledged by members of family – Effect

ADELUSOLA  V. AKINDE

REAL ESTATE/LAND LAW:- Declaration of title - Identity of land - Burden on plaintiff to prove precise area to which his claims relate - When will not arise.

ADELEKUN V. FAHM

REAL ESTATE/LAND LAW:- Landlord and tenant - Recovery of premises and rent – Relevant considerations

ADEMESO V. OKORO

REAL ESTATE/LAND LAW:- Application for an order of specific performance for execution of a deed of transfer and/or sale agreement in respect of a property – Need for plaintiff to prove the averments in his pleadings

ADEMILUYI V. ADEBAYO

 

ADEMOLA V. PROBATE REGISTRAR

 

ADENE  AND ORS. V. DANTUNBU

REAL ESTATE/LAND LAW:- Urban area - Lack of power in Local Government to grant right of occupancy in the area - Effect of grant made by Local Government in respect of land therein

ADENIJI  V. OLUWOLE

REAL ESTATE/LAND LAW:– Customary Tenancy – Recovery of possession of land thereunder – Whether requirement to give statutory notice to quit applicable in residential premises apply

REAL ESTATE/LAND LAW:– Long possession of land under a tenancy agreement – Whether can compete with or oust a better title

ADENIRAN  V. ALAO

REAL ESTATE/LAND LAW:- Trespass to land - Owner of land - Right to claim damages therefor

REAL ESTATE/LAND LAW:- Declaration of title - Party claiming - Onus on to succeed on the strength of his case and not on the weakness of the defence.

REAL ESTATE/LAND LAW:-Equitable defences- How pleaded and proved - When defendant will not be allowed to rely thereon

ADENIRAN  V. OLAGUNJU

REAL ESTATE/LAND LAW:– Contract of sale of land – Need to be in writing – What the document must contain – Whether the law prescribes a special form for the document.

REAL ESTATE/LAND LAW – Contract of sale of land – Conditions that must be satisfied before the court will utilize the doctrine of part performance to enforce same without a note or memorandum in support of the agreement.

ADENIYI V. LAWANI

LAND LAW - CUSTOMARY TENANCY:- Denial of - Absolute grant asserted by virtue of long possession. - Laches and acquiescence - Assignment of portions to others by defendants – Where grant rebutted – Whether landlord entitled to order of forfeiture for such act

ADENLE THE ATAOJA OF OSHOGBO V. OYEGBADE

LAND LAW:- Declaration of title, - Family land - Long possession by family member - Improvement of family land by Member - Whether enough to confer absolute title - Declaration of title - Generally onus on plaintiff - Where land admittedly family land originally, onus on person asserting exclusive right - Traditional evidence - Conflict of - Approach to assessment - Demeanour no guide

ADEOSUN V. BABALOLA AND ANOTHER

LAND LAW:- Claim for declaration of title - Injunction to restrain defendant from committing further acts of trespass

ADEOTI V. AJALA

REAL ESTATE/LAND LAW:- Landlord and tenant-Action for possession by plaintiff-Grounds of personal use, nuisance and annoyance to adjoining occupiers alleged-Only ground of personal use was pursued at trial-Evidence of plaintiffs preferred to that defence—Hardship found proved by plaintiffs on balance of evidence-Judgment in previous case tendered by defendant-Wrongful rejection of document complained of.

ADEOYE V. JINADU

REAL ESTATE/LAND LAW:- Estoppel by res judicata - Effect of proceedings before registrar of titles in respect of same parties and same property and same title - Application to be registered as proprietor of freehold estate

ADEPATE V. BABATUNDE AND ANOR.

REAL ESTATE/LAND LAW:- Proof of purchase of land – How determined

LAND LAW/REAL ESTATE - MORTGAGE:– Requirement of Consent of State Governor for mortgage transaction – Whether fresh consent is required where the naira value of the credit facility is subsequently enhanced

LAND LAW/REAL ESTATE - MORTGAGE:– Letter written by Chief Lands Officer conveying the consent of appropriate authority to a mortgage transaction- Whether meets the requirement under Kwara State Legal Notice No. 8 of 1975

ADEPONLE V. AJALEBE

REAL ESTATE/LAND LAW:- Declaration of title to land – Customary law – Need to trace an unbroken chain of title to the root – Effect of failure thereof

ADEPOJU V. OKE

REAL ESTATE/LAND LAW:- Trespass to land - Continuing trespass - Doctrine of - What it postulates - Right of action of plaintiff therefor - Scope of doctrine

REAL ESTATE/LAND LAW:- Trespass to land - Continuing trespass - When this may occur to give rise to cause of action

ADERIBIGBE JEOBA V. OSHO OWONIFARI

REAL ESTATE/LAND LAW:-Claim for declaration of title - Damages for trespass Injunction

ADESANYA  V. ADERONMU

REAL ESTATE/LAND LAW:- Claim for a declaration of title to land

 

ADESANYA V.  OTUEWU

REAL ESTATE/LAND LAW:- Trespass to land - Purchase of land from a section of the family - Validity of sale - Partitioning of family land

 

ADESANYA V. ALUBATA

REAL ESTATE/LAND LAW:- Legal protection of interest over land –  Procedural hurdles

ADESINA  V. KOLA

REAL ESTATE/LAND LAW:- Acquisition of land -Land acquired under Public Lands Acquisition Law Cap. 105 of Laws of Western State 1959 - Claim for compensation - Time provided for claim of compensation.- Section 10(2) Public Land Acquisition Law

REAL ESTATE/LAND LAW:- Issue of compensation on land compulsorily acquired - Jurisdiction of High Court of State to determine prior to and after commencement of the 1979 Constitution.

ADESOKAN  V. ADETUNJI

 

ADESUBOKAN V. YUNUSA

 

ADETUTU V. ADEROHUNMU

REAL ESTATE/LAND LAW:-  Claim for damages in trespass and injunction – How treated

ADEYEFA V. OGINNI

 

ADEYEYE V. ADEWOYIN

REAL ESTATE/LAND LAW:- Appointment of receiver over land to collect Ishakole - Order of appointment - What it should contain

ADEYINKA OYEKAN AND OTHERS V. MUSENDIKU ADELE

REAL ESTATE/LAND LAW:- Treaty of cession - Lagos - Grant of Iga Idunganran (royal palace) to Oba Docemo, his heirs, etc., for ever - Nature of estate granted - English conceptions of absolute title inapplicable - Iga the official residence of reigning Oba - Grant subject to right of succeeding Oba under native law and custom to occupy the Iga - Crown Grants (Township of Lagos) Ordinance, No. 18 of 1947 (Laws of Nigeria, 1948, c. 44), recital; s. 3.

ADEYORI  V. ADENIRAN

REAL ESTATE/LAND LAW:- Identity of disputed land – Dictum of Supreme Court in Odofin v. Oni (2001) 3 NWLR (Pt. 701) 488  - Whether it is necessary to prove identity of land which the parties are familiar

ADIATU LADUNNI V. KUKOYI

 

ADIKWU V. NWOGU

REAL ESTATE - LAND LAW:- Action for declaration of title to land - Identity of land – When must be estab­lished

ADISA-ADEOGUN V. AKINYEMI

REAL ESTATE/LAND LAW:- Whether an order for possession of a piece of land can be made on an ex parte application

ADMINISTRATOR-GENERAL V. OLUBAMIWO

 

ADO IBRAHIM & COMPANY LTD V. BENDEL CEMENT COMPANY LTD

LAND LAW - DECLARATION OF TITLE TO LAND: On whom lies the duty to prove a claim before declaration of title to land can be granted by the court

ADUKE V. ABIONA

REAL ESTATE/LAND LAW:- Family Property - Rights of Family Head – Claim for account for lease collected – Whether possible only against family member – Legal implications

REAL ESTATE/FAMILY LAW:– Family Property - Principles for a successful claim for account

ADOMBA AND OTHERS V. ODIESE AND OTHERS

REAL ESTATE/LAND LAW:- Dispute as to title to land – Duty of plaintiff to adduce evidence ascertaining the precise boundaries and features of the land – Whether can be satisfied by reliance on a previous suit which subject matter was land named similarly as the one currently under dispute without more

AFONJA V. AIYELAGBE

LAND LAW:- Declaration of title - Action before a Native Court - Whether failure to provide survey plan is fatal to claim

 

AFRIBANK NIGERIA PLC. V. MURAINA  ADENIYI ALADE

REAL ESTATE - LAND LAW:– Legal Mortgage executed in favour of a bank – Admission of indebtedness by defendant - When can be enforced by court

REAL ESTATE - LAND LAW:– Mortgage deed – Onus to show discharge of mortgage or liquidation of indebtedness – On whom lies

AFRICAN  CONTINENTAL BANK LTD. V. IHEKWOABA

REAL ESTATE/LAND LAW – CONVEYANCING:- Purchaser of mortgaged property - Title document mortgagee should execute in favour of

REAL ESTATE/LAND LAW:- Value of landed property - Determination of - Factors to consider

AFRICAN  INTERNATIONAL BANK LTD. V. LEE AND TEE INDUSTRIES LTD.

REAL ESTATE/LAND LAWMORTGAGE:- Governor's consent - Where original mortgage continuing security for raising second mortgage - Whether Governor's consent required for second mortgage – Proper treatment

REAL ESTATE/LAND LAWMORTGAGE:- Legal mortgage - Attributes of

AFRICAN  PETROLEUM LTD. V. J. K. OWODUNNI

REAL ESTATE/LAND LAWMORTGAGE - LANDLORD AND TENANT:- Contractual tenant - Who is.

REAL ESTATE/LAND LAWLANDLORD AND TENANT:- Damages for use and occupation of property – Claim for - Basis of.

REAL ESTATE/LAND LAWLANDLORD AND TENANT:- Determination of tenancy— Yearly tenancy – Length of notice required for determination of - How computed

AFZAL AND OTHERS  V. FORD MOTOR CO LTD

 

AGANA V. EZEOKE

REAL ESTATE/LAND LAW:– Declaration of title - Proof of identity of land - Onus on the plaintiff.

AGBAISI  V. EBIKOREFE

REAL ESTATE/LAND LAW:– Declaration of title - Claim, for trespass and injunction - What chum postulates - Whether court can grant declaration of title

REAL ESTATE/LAND LAW:–  Declaration of title - Presumption of ownership - Ownership of adjourning oi adjacent land - Presumption raised thereby - Section 146 evidence Act

AGBAFUNA EJIDIKE V. CHRISTOPHER OBIORA

REAL ESTATE/LAND LAW:- Dispute over title to community land and claim for damages in trespass – Three communities fighting over common/shared boundaries – Effect of past judgments and arbitrations which did not involve all three as parties or privies – How treated

AGBAJE V. ISAAC

 

AGBAJE V. JAMES

REAL ESTATE/LAND LAW:- Tenancy – Trespass by landlord - When landlord is liable for trespass on tenant’s lawful possession – Mistaken belief that tenant gave up her right or reviewed it through the agency of her spouse – Trespass effected by another tenant of landlord under the licence of landlord – Over-reach of landlord’s agent – Whether defence available to landlord - Damage for trespass to land – Relevant consideration

AGBAKA  V. AMADI

REAL ESTATE/LAND LAW:–  Title to land - Proof of by traditional evidence - Nature of sufficient to establish

AGBEBU V. BAWA

 

AGBOMEJI  V. BAKARE

REAL ESTATE/LAND LAW:– Family land - Allocation thereof to member of family - Nature of grant created thereby

REAL ESTATE/LAND LAW:–  Family land - Allotment thereof to family member - Nature of right or interest passed to family member thereby

AGBOOLA V. ABIMBOLA

LAND LAW/REAL ESTATE: - Registration of Title to Land – Registrar of Titles – Duty of the Registrar of Titles under Sections 9 and 10 of the Registration of Titles Act – Whether pleadings are filed in proceedings before the Registrar – Whether the Registration of Titles Act purports to substitute the Registry for the High Court so as to make it permissible for the Registrar to decide without formal pleadings, grave legal issues which are usually to be specifically pleaded and proved – Effect

LAND LAW/REAL ESTATE:- Title to land – Priority – Legal and equitable interests - Competing transfers of the same land to two different parties – Where none of the parties rested claim to title on native law and custom but in fee simple – Land originally secured via purchase receipt only – Whether gives equitable interest in the land only – Whether party who called in the legal estate in land by execution of deed over the land has better title than another who at no time directly or through predecessors-in-title called in the legal estate – Whether in the absence of notice, actual or constructive, of existing equities over land, if any, a person who acquires legal estate must take priority

AGEDEGUDU V. AJENIFUJA

REAL ESTATE/LAND LAW:–  Customary tenancy - Breach of - Need for declaration for for­feiture

REAL ESTATE/LAND LAW:–  Proof of ownership - Conflicting traditional history - Test to apply in choosing the most probable

REAL ESTATE/LAND LAW:– Title to land - How established

AGHENGHEN V. WAGHEROGHOR

REAL ESTATE/LAND LAW:– Land tenure - Ownership of land – Characteristics of customary tenancy - Customary tenants in occupation -  Compulsory acquisition of land for oil exploration -  Compensation money - To whom payable - Whether apportionment of compensation money between radical owners and customary tenants proper

REAL ESTATE/LAND LAW:– Ownership of land - Previous judgments - Reliance upon same by parties and - Duty of Judge thereto

AGINA V.  AGINA

REAL ESTATE/LAND LAW:- Claim for possession of parcel of land and Mesne profits until possession is delivered up – Title claimed under customary law – How proved

REAL ESTATE/LAND LAW:- Disputed title to land - Evidence of title under customary law – When the radical ownership of the land is deemed to be in issue – Duty on parties to prove radical ownership of vendors – Effect of failure thereto

AGIP (NIG) LTD. V. A-G. LAGOS STATE

REAL ESTATE/LAND LAW:–  Declaration that plaintiff not entitled to resume occupation of land - Injunction restraining such occupation - Notice - s.24 state lands Act - Public purpose - Government use - Edict No 8 of 1976 - Constitutional law - Inconsistencies between Edicts and the Constitution

AGOCHUKWU V. NWOSU

REAL ESTATE/LAND LAW:–  Declaration of title - Requirements in native court - Right to bring subsequent action in the High Court

AGOMUO V.  AGIJWA

REAL ESTATE/LAND LAW:– Customary tenancy ‑ Incidents of ‑ Effect of payment of tribute.

REAL ESTATE/LAND LAW:–  Native land tenure system ‑ Trial court disbelieving custom established by evidence - Effect

REAL ESTATE/LAND LAW:– Traditional History ‑ Plaintiff not pleading or tracing original settler on land in dispute to himself ‑ Effect

REAL ESTATE/LAND LAW:– Trespass. What constitutes‑ Who can sue therefor

AGUDORO EKPE  V. BEN OKE

REAL ESTATE/LAND LAW:– Customary tenancy – Alienation of land by customary tenant without consent of landlord – Consequence of.

 

AGUNBAIDA V. OLUSHILE

REAL ESTATE/LAND LAW:–  Declaration of title and possession - Onus of proof in action for - On whom lies - Failure to discharge – Effect

AGUNBIADE V. SASEGBON

REAL ESTATE/LAND LAW:–  Compulsory Acquisition of Land-Certificate of Title — Effect - Public Land Acquisition Law, WR.S.25

AGUSTO V. DADA

REAL ESTATE/LAND LAW:– Title over land – Transfer of same via will to children and heir of testator – Rival claim of caretaker to portion of land under an alleged gift made by testator to caretaker under customary law – Need to prove same – When estoppel would arise as a bar to a suit over land

LAND LAW: Conveyance of property – Where obtained in name of deceased testator to cover the whole property – Effect on claim that she has earlier given a portion of same land to defendant – How treated

AGUSTO V. JOSHUA

REAL ESTATE - LANDLORD AND TENANT:- Possession - Tenant disputing title of his landlord - Whether permissible

AGWUNEDU  V. ONWUMERE

REAL ESTATE/LAND LAW:– Agreement evidencing sale of land - Whether qualifies as an instrument under the Land Instruments Registration Lax, of Eastern Nigeria - Where not registered thereunder - When will be admissible

AHMADU MAKUN & ORS. V. FEDERAL UNIVERSITY OF TECHNOLOGY, MINNA

LAND LAW - LAND USE AND ALLOCATION COMMITTEE: When reference will be made to the land Use and allocation Committee.

AHUCHAOGU V. UFOMBA

REAL ESTATE/LAND LAW:– Acts of ownership - Acts of possession - Distinction between - Need to prove both

REAL ESTATE/LAND LAW:– Declaration of title - Duty on plaintiff to prove his claim by credible evidence - Need not to rely, on the weakness of the defendant’s case

REAL ESTATE/LAND LAW:–Title to land - Radical title in one party - Where not disputed by adversary - Onus on the adversary to prove grant by the holder of radical title.

AIB FINANCE  LTD V. DEBTORS

REAL ESTATE/LAND LAW - MORTGAGE:– Sale of Land pursuant to a contract of Mortgage – How treated

AIKHIONBARE AND OTHERS V. OMOREGIE AND OTHERS

REAL ESTATE/LAND LAW:- Declaration of title, damages for trespass AND perpetual injunction - Traditional history in conflict - Recent acts of possession - Oba of Benin as trustee of Benin land - Benin Customary Law – Proper treatment of

 

AINA ARUPE OBAWOLE AND ORS V. ADEKUNLE AGANGA OBAWOLE AND ORS

REAL ESTATE/LAND LAW CONVEYANCING:- Deed - Recital or statement in a document of twenty years old - When presumption can be raised in respect thereof - When it cannot be raised -What party relying on presumption must show - Section 130 of the Evidence Act

REAL ESTATE/LAND LAWCONVEYANCING:- Deed - Execution of a deed or a document- Due execution of - When presumed - Relevant factors - Section 123 Evidence Act

AINA V. IKUSEDUN

 

REAL ESTATE/LAND LAW:– Foreshore land in Lagos Dispute between two adjoining licensees - Restrictions imposed by city authorities on licensees pending settlement of disputes - One licensee erecting structures on piece allotted to another -Objection by adjoining licensee - Action for declaration of title, trespass and injunction and possession - Application for interim injunction under High Court of Lagos Rules, Ord. 21, rr. 1 and 4.

AIYEDOUN JULES SULE V. RAIMI AJANI

LAND LAW/REAL ESTATE: Declaration of title - Onus of proof on Plaintiff to proof same – Whether can shift to defendant – Whether plaintiff can only succeed on the strength of his case and not on the weakness of the Defendant's case

LAND LAW - REGISTERATION OF A DEED:- Whether not evidence of its due execution – Effect

AJA  V. OKORO

REAL ESTATE/LAND LAW:– Evidence - Ownership of land - Proof of title - Burden of proof- On whom lies.

AJADA V. OLAREWAJU

 

AJADI V. OKENIHUN

REAL ESTATE/LAND LAW:– Claim for declaration of title - Land in dispute previously conveyed by plaintiff to third party but plaintiff never divested of title since conveyance – Conveyance  later declared null and void at instance of present defendants - Competence of plaintiff to institute proceedings

AJAGBE V. AKANNI

Land Law - Claim for declaration of title - Possession - Injunction to restrain trespass.

AJAGUNJEUN V. OSO OF YEKU VILLAGE

REAL ESTATE/LAND LAW:– Customary Law - Possession of Farmland occupied by Defendants – Injunction

 

AJAKAIYE  V. IDEHAI

 

AJALA V. AWODELE

REAL ESTATE/LAND LAW:– Declaration of Title -Acquisition by “Settlement” as a root of title – Effect

AJANI V. OKUSAGA

REAL ESTATE/LAND LAW:– Deed of Conveyance — Allegation of fraud thereto — Setting aside of- Fiduciary relationship between Solicitor and client —Presumption of undue influence – Effect

AJAO  V. ADIGUN

 

AJAO V. SONOLA

REAL ESTATE/LAND LAW:– Claim for declaration of title - Damages for trespass - Possession - Land Transfer 1897 of Administration (Real Estate) Act (Cap. 2) Lagos State

AJAO V. IKOLABA

REAL ESTATE/LAND LAW:– Declaration of Title - Powers of senior Chief under Customary Law - Powers of Shoun of Ogbomosho in respect of land in Ogbomosho

AJAYI V. PABIEKUN

REAL ESTATE/LAND LAW:– Claim for Declaration of Title to land - Family land - Plaintiffs alleging that land still part of family land - Defendants alleging partition of family land with plaintiff’s own branch taking land in dispute absolutely - Burden of proving partition of defendants-Defendants calling no evidence-Evidence Act s.136

AJEIGBE V. ODEDINA

REAL ESTATE/LAND LAW:– Claim for possession and title - Root of title - When deriving from past judgment - Defendants not privy to judgment - Defendant’s root deriving from purchase prior to judgment relied on – Effect

AJERO V. UGORJI

REAL ESTATE/LAND LAW:– Possession - Meaning of in relation to land

REAL ESTATE/LAND LAW:– Possession - Where plaintiff establishes possession of land - Need to grant injunction to protect

REAL ESTATE/LAND LAW:– Possession of land - Evidence of - Various acts that may constitute



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