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WAHABI MABERI V. CHIEF OYENIYI ALADE (The Iba Iya Oje) & ORS.

(1987) JELR 41031 (SC)

Supreme Court  •  SC.129/1985  •  10 Apr 1987  •  Nigeria

Coram
MOHAMMED BELLO JSC; KAYODE ESO JSC; ANTHONY NNAEMEZIE ANIAGOLU JSC; MUHAMMADU LAWAL UWAIS JSC; DAHUNSI OLUGBEMI COKER JSC;

Judgement

COKER, J.S.C: (Delivering the Leading Judgment): This appeal by the defendants raises only one issue, namely, whether the Court below is correct in upholding the decision of the trial Judge in favour of the plaintiffs for declaration of title to a piece of land at Iba Iya Oje in Ogbomoso District of Oyo State the boundaries of which were orally described by the plaintiff,the defendant and witnesses. The trial Judge earlier in his judgment held the view that the survey plan pleaded and tendered in evidence was unreliable but relying on the case of Garuba v. Akacha (1966) N.M.L.R. 62 held that "a plan is not an absolute necessity in every land case and as in this case, particularly, where both parties and the Court know precisely what piece of land is in dispute........." The trial Judge then ordered as follows:-

"1. Declaration of title to all that piece or parcel of land situate, Lying and being at Iba Iya Oje family land at Iya Oje. Ogbomosho District, and more particularly describe…

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