(2000) JELR 39754 (CA)    

Court of Appeal  ·  CA/B/102/96 ·  5 Jul 2000 ·  Nigeria
Other Citations
Adegoke v. Adesina (2001) 9 NWLR (Pt.718)494
Adegoke v. Adesina (2001) 9 NWLR (Pt. 718) 494
SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria
Core Terms Beta
benin city
land use act
trial customary court
1st defendant
customary courts edict
lagos street
defunct bendel state
high court
1st appellant
2nd appellant
trial court
2nd defendant
customary court of appeal
oredo area customary court
possession of the house
single issue
subject of a statutory right of occupancy
3rd legs of his claim
common ground
customary law of idi igi
effect of the above provision
entire proceedings
exclusive original jurisdiction
further view of the fact
judgment of edo state customary court of appeal
lagos state government
leading judgment
no.40 lagos street
possession of the land
present appellants
present respondent
relevant customary law
respect of the following proceedings
respect of the house
said house
subject matter of the case
such courts
trial area customary court
verdict of the customary court of appeal
verdict of the trial court
view of the foregoing provisions
virtue of sections

AKINTAN, J.C.A. (Delivering the Leading Judgment): This is an appeal from the judgment of Edo State Customary Court of Appeal, sitting in Benin delivered on 26th September, 1995 in suit No. CCA/8A/95. The case started at Oredo Area Customary Court where the action was filed. It was, however, transferred to the Ovia South-West Area Customary Court, Iguobazuwa where the trial eventually took place. The present respondent was the plaintiff while the present appellants were the defendants. The plaintiff's claim against the defendants was for possession of the house at No. 40 Lagos Street, Benin city; an account for all monies collected as rent in respect of the house; and that the 2nd defendant (now 2nd appellant) should vacate the rooms he was wrongfully occupying in the house.

The plaintiff's case at the trial was that the said house at No.40 Lagos Street, Benin city belonged to his late father, Sanni Adesina who died intestate in 1933. His said father had two houses in all; the one now…

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