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CaseLaw

Dosunmu V. Ajagun (1977) CLR 2(a) (SC)

Judgement delivered on February 3rd 1978

Brief

  • Setting aside of previous judgement
  • Declaration of ownership of property
  • Consideration of issues not raised by parties

Facts

The plaintiff now Respondents before us sued Defendants/Appellants in the Lagos State High Court for the following claims:-

  • 1
    To have the judgment dated the 11th day of November, 1969 delivered by the Honourable Mr. Justice O.R.I. George in Suit No.LD/613/62 between Olaseinde Taiwo, Folashade Taiwo and Victoria Remilekun Taiwo (the first three defendants herein) as plaintiff and Semisemiyu Dosunmu and Chief T.A. Dosunmu (the last two defendants herein as defendants relating to the property situate at No.17/19, Oshodi Street, Lagos be set aside or in the alternative.
  • 2
    A declaration that the said property No.17/19 belong to the plaintiffs under native law and custom. The value of the said land is £50.

On completion of hearing, Odesanya, J. dismissed the first item of Claim and gave judgment in favour of the plaintiffs in the alternative Claim.

At the hearing of the case in the High Court of Lagos State, the parties tendered a judgment of George, J. in Suit LD/613/62 as Exhibit A and there it was held that the properties 17/19 Oshodi Street belonged to Dosunmu Ajiwe family. No appeal was lodged against that judgment. Another judgment was tendered as Exhibit B which is Suit No. 414/1955 by Sir Olumuyiwa Jibowu, J. (as he then was) in which he directed the Dosunmu family to enfranchise the property Nos.17/19 Oshodi Street, Lagos under the Epetedo Lands Act Cap.61 of volume II of the Laws of the Federation of Nigeria and Lagos 1958. That judgment of the then Supreme court was not appealed against and its effect is that the ownership by the Dosumnu Ajiwe family remains valid.

The second suit gave direction that the defendant's family should enfranchise No.17/19 Oshodi Street, under the Epetedo Lands Act Cap.61 of Volume II of the Laws of the Federation of Nigeria and Lagos 1958. Both judgments were not appealed against.

Issues

Whether it is proper for a trial Judge to raise issues not raised by the parties...

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