(2002) JELR 44517 (SC)    

Supreme Court  ·  SC.93/1997 ·  19 Apr 2002 ·  Nigeria
Other Citations
Adeleke v. Asani (2002) 8 NWLR (Pt.768)26 (2002) 4 S.C (Pt.II) 125
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria
Core Terms Beta
grounds of appeal
salami atannagbowo
court of appeal
learned trial judge
lawani adeleke
particulars of errors
statement of claim
adesina family
1st defendant
2nd defendant
internal conflict
leading judgment
traditional evidence
above reasons
determination of the appeal
judgment of the trial court
native law
nature of the errors
plan no. og20
said land
abasi aleshinloye family
akinlade family
behalf of the appellant
case of the parties
central issue
eniyitan family land
farm of akinlade
following issues
further appeal
further states
leave of court
leave of the trial court
odo-ona elewe area
ojesola family land
olugbesan family land
paragraph statement of defence
plaintiff claims
respect of the land
result of the facts
rules of this court
said grounds
salami adeoshun
sufficient reason
totality of the appellant

A. O. EJIWUNMI, J.S.C. (Delivering the Leading Judgment): This action which has resulted in this appeal was commenced by the plaintiff on his own behalf and the Akinlade family by a writ of summons in Suit No. 1/567/84 against S.A. Aremu. Following the death of S.A. Aremu, Bayo Asani was substituted for him and became the 1st defendant/respondent in this appeal. He defended the action on behalf of himself and the Adesina family. Later in the proceedings, Alhaji Wahabi Abasi was with the leave of the trial court joined as the 2nd defendant and he defended the action on behalf of himself and the Abasi Aleshinloye family.

By paragraph 26 of the plaintiff's amended statement of claim, his claim read as follows: -

"Wherefore the plaintiff claims against the defendants for

(i) A declaration that the plaintiff's family, Akinlade family of Popoiyemoja, Ibadan, are entitled to the Statutory Right of Occupancy in respect of the land in dispute, lying and being at Odo-Ona Elewe area, Ibadan boun…

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