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Land Law Cases Exam With Complete Solutions 100% Verified
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Land Law Cases Exam With Complete Solutions 100% VerifiedFrancis v Ibitoye - ANSWER The plaintiff built on the defendant's land without the
consent of the defendant and in the absence of latches and acquiescence of his part.
The court held that a building erected in such circumstances becomes the property of
the landowner without any obligations upon him to recompense the builder.
Abraham v Olorunfunmi - ANSWER Ownership connotes a complete and total right over
a property.
Owner is not subject to the rights of another.
He has the full and final right of alienation or disposition of the property and he
exercises this right without seeking the consent of another party.
As a matter of law and fact there is no other party's right over the property that is higher
than that of his.
Can use the property for any purpose even for one detrimental to his personal or
proprietary interest.
Alpha and omega of the property it begins and ends with him.
This is unless he transfers his ownership to a third party.
Amodu Tijani v Secretary of Southern Nigeria - ANSWER Lord Haldene was of the view
that the individual is foreign to native ideas and land belonged to the community, family
etc. but never to the individual.
Otogbolu v Okeluwa - ANSWER Otogbolu v Okeluwa
Idundun v Okumagba - ANSWER 5 ways of proving ownership in land:
- by traditional evidence
- by production of documents of title duly authenticated and executed
- by acts of ownership extending over a sufficient length of time
, - by acts of long possession and enjoyment
- proof of possession of adjacent or connected land
Amodu Tijani v Secretary of Southern Nigeria - ANSWER The effect of the treaty signed
by King Dosunmu operated to grant all the legal rights in Lagos and the territories
surrounding it to the British crown subject to the customary right of the local people.
Adedoyin v Adeyeye - ANSWER when a community is conquered in war, the land passes
to the conqueror by right of conquest.
Moore v Jones - ANSWER On the applicability of quid quid plantatur solo solo cedit to
nigerian customary land law. The court granted a declaration for the plaintiff whose
house was built on another person's land.
Santeng v Darkwa - ANSWER no custom was proved that when a house is built on the
site of the ruins of a family house, it becomes family property. No custom or authority for
the provision that the mere using of the site branded the house with the stamp of family
property. However the site on which the house is built remains family property.
Oso v Olayioye - ANSWER court held that since the plaintiff completed the building for
which only the foundation was being laid at the time of the earlier warning he had
brought upon himself any loss he may incur as a result of the application of the principle
of the quid quid plantatur solo solo cedit.
Ozokpo v Paul - ANSWER a person in possession of land is presumed to be the owner
until the contrary is proved.
Tijani v Cole - ANSWER the court gave judgment in favour of a person in possession
where both parties were unable to prove good title to the land
Wuta Ofei v Danquah - ANSWER 4 pegs in the corners of uncultivated bush land was
held to prove possession.
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