[2018]DLSC163 • January 31, 2018 • Supreme Court •
TOGBE LUGU AWADALI IV vs. TOGBE GBADAWU IV
The appellant, custodian of the Anyigbe Clan of Agave, claimed ownership of land registered under Land Registry No. 2718/1981, challenging a statutory declaration by the respondent asserting ownership. The respondent claimed ownership through purchase by his ancestress Borkanu from a stranger, Gli, who lodged with the appellant's ancestors. The dispute centered on whether the respondent's family acquired absolute ownership or merely usufructuary rights, with the appellant asserting the respondent were licensees on their allodial land.
read moreJUDGMENT APPAU, JSC:- The appellant in this case, who was the plaintiff in the trial High Court, sued the respondent as defendant for and on-behalf of his family or clan, claiming the following reliefs: - 1. A declaration that the land contained in the schedule to a Statutory Declaration sworn to by the defendant dated 8/7/1981 and covered by Land Registry No. 2718/1981 is the property of the Anyigbe Clan of Agave of which the plaintiff herein is the custodian. 2. An order setting aside as null and void the Statutory Declaration declared on 8/7/1981 by the defendant and registered at the Lands Registry as No. 2718/1981 as wrongful, unlawful, illegal and on grounds of fraud, particulars of which are stated in the Statement of Claim. 3. A declaration setting aside all conveyances of parcels of land by the defendant in respect of any parcel of land covered by the land described in the schedule attached to the Land Registry No. 2718/1981 declared by the defendant...