(2003) JELR 44821 (CA)    

Court of Appeal  ·  CA/I/215/90 ·  8 Jul 2003 ·  Nigeria
VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria FRANCIS FEDEDO TABAI Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
parcel of land
high court of oyo state
said land
plan of the disputed area of land
learned trial court
entire adeaga family
possession of the land
evidence of traditional history of the land
grant of part of the land
area of land
testimony of the plaintiff
leading judgment
learned trial judge
account of traditional title
proof of title
understanding of the alternative issue
part of this large parcel of land
see evidence act
further trespass
traditional evidence of the root of title
samuel adeboye
case of the defence
treatment of the alternate issue
judgment of the sum of n3,000
award of general damages
resolution of this appeal
decision of judgment of the learned trial judge
grant of a parcel of land
evidence of long possession
burden of proof lies
evidence shows
palm trees
strength of their case
judgment of the court
olohunde v. adeyoju
exhibit a
different times
special damages
plaintiffs claims
extensive rights of ownership

VICTOR AIMEPOMO OYELEYE OMAGE, J.C.A. (Delivering the Leading Judgment): In the High Court of Oyo State sitting in Ibadan in January 1986. The plaintiffs' filed a suit against the defendants in which the plaintiffs' suing for himself and the entire Adeaga family against the defendant and three others. In the claim the plaintiffs' sought reliefs as follows;

(1) Fifteen thousand naira being damages for continuing trespass committed by the defendants' their servants, and agents on that piece of or parcel of land, situate, lying and being at Aponrin on Oke Odo Ajia Road, Ibadan in 1983, which land is more particularly described and delineated on plan to be filed later in the case.

(2) Injunction restraining the defendants' their servants, agents, privies or anyone claiming through them from entering and committing further trespass on the said land in dispute."

Pleadings were filed and exchanged. The plan of the disputed area of land was filed by the 2nd PW2, a licensed surveyor. The plan …

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