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RABIATU ADEBAYO & ORS. V. RASHEED SHOGO

(2005) JELR 45232 (SC)

Supreme Court  •  SC.279/2000  •  4 Feb 2005  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; UMARU ATU KALGO JSC; IGNATIUS CHUKWUDI PATS-ACHOLONU JSC; GEORGE ADESOLA OGUNTADE JSC;

Judgement

PATS-ACHOLONU, J.S.C. (Delivering the Leading Judgment): The dispute over a land or incidences of land ownership in the history of Nigerian jurisprudence and literature in land law, has been largely the cause of anxieties and stress and many have gone to the grave prematurely in battling over land matters, some no more than inanities.

The appellants had instituted an action in the High Court at Offa in Kwara State and claimed a declaration that they are part owners of shops/stores situate at Adeleke Road Owode Market, Offa per the stripes system of inheritance, and also an order of accounts. Their case is that the land was the property of their father, one Pa Williams and that they the appellants, the respondent's mother and his grand mother all contributed money for the erection of the structure therein. They averred that they delegated the respondent to supervise the building and thereafter collect rents from the shops but the respondent was collecting the rent for himself only.

Th…

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