(1974) JELR 39775 (SC)    

Supreme Court  ·  SC.234/74 ·  25 Dec 1974 ·  Nigeria
Other Citations
(1974) All N.L.R 671
GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
Core Terms Beta
western state court of appeal
customary court
grounds of appeal
high court
original grounds of appeal
additional grounds of appeal
course of the hearing
court of appeal
customary court president
following day
learned president
old man
ample evidence
course of her evidence
course of the judgment of the learned judge
customary courts
evidence of both sides
father of the first plaintiff
favour of the defendants
further cross-examination
ground of appeal
heavy weather
inconsistent pieces of evidence
judgment of the court
large square
learned president of the court
learned trial judge
learned trial president
number of days
number of grounds of appeal
open space
part of their case
paternal great-grandfather of the second defendant
real import of that piece of evidence
said land
views of the learned judge
whole of her evidence

COKER, J.S.C. (Delivering the Judgment of the Court): This action was instituted in the Ake Grade 'A' Customary Court, Abeokuta, by the present appellants as plaintiffs against the respondents who were the defendants to that action. In that court the plaintiffs' writ was endorsed as follows:

'The plaintiffs' claim from the defendants jointly and severally is for:

(i) 200pounds damages for trespass committed by defendants their servants and/or agents by entering, erecting undesirable building on the plaintiffs' land situate lying and being at family square (Itanla) Omosaju's compound called Itanla Totoro Owu, Abeokuta sometime in 1967.

(ii) Injunction restraining the defendants their servants and/or agents from further entry into the said land situate, lying and being at family square (Itanla) Omosaju's compound Totoro, Owu, Abeokuta."

The parties gave evidence before the learned President of the Court, the plaintiffs contending that the land in question was first settled upon by their…

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