ADELELE & ORS.
V.
ATOYEBI & ORS

(2003) JELR 44821 (CA)

Court of Appeal · CA/I/215/90 · 8 Jul 2003 · Nigeria

CORAM

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

plaintiffs

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

defendants

further trespass

issues

land

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

evidence

grant of a parcel of land

evidence of long possession

claim

burden of proof lies

evidence shows

palm trees

strength of their case

judgment of the court

olohunde v. adeyoju

exhibit a

trespass

different times

defendant

special damages

case

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 …

ADELELE & ORS. V. ATOYEBI & ORS

ADELELE & ORS.
V.
ATOYEBI & ORS