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CaseLaw

Ojomu V. Ajao (1983) CLR 9(c) (SC)

Judgement delivered on September 16th 1983

Brief

  • Yoruba customary tenancy
  • Tenants rights against purchaser of radical title
  • Customary tenant

Facts

The land involved in this appeal is situate at 8, Iya Ojo Street, Ajegunle Apapa, and was the subject of a survey, the plan of which was tendered before the trial court as exhibit C.

The plaintiff contended that the land was "leased" to him by the Ojora Chieftaincy family in 1961 in which year he went into possession and paid his first rent for which a receipt (exhibit A) was given to him by the family and, enjoying pea¬ceable possession, without let or hindrance, until the interference, by the defend¬ants in October 1976 complained of.

The plaintiff's indorsed writ of summons claimed as follows:

  • "The plaintiff's claim is for:- N20,000.00 special and general damages for the wrongful entry by the defend¬ants in or about October, 1976 on the land situate at 8 Iya Ojo Street, Ajegunle Apapa in the plaintiff's peaceable possession and for the demolition of the plaintiffs uncompleted building thereon; and for an injunction restraining the defendants, their servants workmen and agents, or otherwise from further entry on the said land or from building any structure thereon."
    .

The respondent obtained judgment. The appellant appealed to the Court of Appeal which upheld the High Court judgment.

Appellant appealed to the Supreme Court.

Issues

  • 1
    What are the rights and duties of a customary tenant?...

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