n Compulaw - 1st Indigenous Digital Law Library
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CaseLaw

Sanya V. Johnson (1974) CLR 11(a) (SC)

Judgement delivered on November 1st 1974

Brief

  • Declaration of title
  • Possession
  • S.129 Evidence Act
  • Ownership

Facts

The appellant sued the respondent in the Lagos High Court claiming a declaration of title to and possession of the property situate at Abule-ljesha and known as No. 20 Bailey Street, Abule- Ijesha. The respondent's only interest in the land in dispute was a mere leasehold interest based on receipt. No deed of lease was produced at the trial and the alleged lessors were not parties to the proceedings.

There was a preponderance of evidence in favour of the appellant's claim. The High Court relying on technicalities dismissed the claim notwithstanding the over-whelming and uncontradicted evidence of ownership adduced by the appellant.

Issues

  • 1
    Whether the presumption of ownership raised by possession can stand...
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