ABIMBOLA
V.
ABATAN

(2001) JELR 44240 (SC)    

Supreme Court  ·  SC.206/94 ·  6 Apr 2001 ·  Nigeria
 · 
Other Citations
Abimbola v. Abatan (2001) 9 NWLR (Pt.717)66 (2001) 4 S.C (Pt.1) 64
Abimbola v. Abatan (2001) 9 NWLR (Pt. 717) 66
CORAM
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria
Core Terms Beta
plaintiff
defendant
appeal
trial court
court of appeal
customary tenant
ownership of the land
learned trial judge
abimbola family
customary tenants of the plaintiff
lead judgment
lower court
traditional evidence
appeal fails
grant of the land
grounds of misconduct
judgment of the trial court
recovery of possession of the said land
statement of claim
ancestor of the plaintiff
behalf of the abatan family
behalf of the abimbola family of gbenla
briefs of argument
careful review of the evidence
complaints of the appellant
concurrent findings of fact of both courts
decision of the court of appeal
decision of the trial court
elementary principle of law
evidence of p.w.3
forfeiture of the tenancy
high court of justice of oyo state
inconclusiveness of the traditional evidence of both parties
judgment of the court of appeal
larger portion of land
leading judgment
learned justices of the court of appeal
main question
parcel of land
plaintiffs claims
respect of their claim of title
said abimbola
students of law
suo motu
support of his case

IGUH, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Ibadan Division, which had on the 30th day of June, 1992 dismissed the appeal by the plaintiff from the decision of Ajileye, J. sitting at Ibadan in the High Court of Justice of Oyo State.

The plaintiff for himself and on behalf of the Abimbola family of Gbenla, Ibadan had instituted an action against the defendant for himself and on behalf of the Abatan family claiming as follows :-

"I. A declaration that the defendant as a Customary Tenant has forfeited on grounds of misconduct his right to occupy all that piece or parcel of land situate, lying and being at Abimbola' s Compound, Gbenla area, Ibadan and more particularly described in a plan to be later filed in court.

2. Recovery of possession of the said land."

Pleadings were ordered in the suit and were duly settled, filed and exchanged. The plaintiff's case as pleaded and testified to is that the land in dispute is part…

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