CaseLaw
Onibudo V. Akibu (1982) CLR 7(b) (SC)
Judgement delivered on July 9th 1982
Brief
Facts
Plaintiffs sued for declaration of title to land and a mosque situate on the land and an injunction restraining the defendant from collecting monies from occupiers and worshippers of the land and mosque respectively. The pleadings however disclosed no cause of action against the defendants.
Defendants claimed that the land and mosque belonged to the entire Moslem Community of Oko Awo.
The Federal Court of Appeal also did not permit the surveyor to give expert evidence about the survey plan.
The Court of Appeal dismissed the plaintiffs claim stating that under Islamic Law, a mosque belongs to the Community unless built within a person's compound. This was not proved in evidence or even raised in pleadings.