ADEOSUN
V.
ADEOSUN & ORS

(2014) JELR 39981 (CA)

Court of Appeal · CA/EK/63/2013 · 17 Mar 2014 · Nigeria

CORAM

PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria FATIMA OMORO AKINBAMI Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

court

parties

learned trial judge

plaintiff

counsel

issues

consequential order

respondents

plea of res judicata

lower court

subject matter

careful consideration of the plaintiff

evidence of the plaintiff

learned counsel

late father

whole family

credible evidence

facts of this case

grounds of appeal

leading judgment

lordship of the honourable court

mr. musibau adetunbi

odofin v. mogaji

said land

case of ekunife v. wayne

case of ezenwa v. kareem

decision of the trial court

end of trial

evidence of other defence witnesses

evidence of the appellant

father of the appellant

final conclusion

following reliefs

judgment of high court of ekiti state

massoud abdulrahman oredola

parcel of land

positive order

previous decision

respect of a piece

right conclusion

said farm

trial

FATIMA OMORO AKINBAMI, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of High court of Ekiti State delivered by Hon. Justice C. I. Akintayo, on 14th January, 2011, dismissing the Appellant's suit.

The Appellant then Plaintiff in his Amended Statement of Claim sought for the following reliefs against the Respondents who were then Defendants:

(i) Declaration that the Plaintiff is entitled to the Certificate of Customary Right of Occupancy in respect of a piece or parcel of land situate, lying and being at Abata farmland Ikoro Ekiti.

(ii) Five Million Naira (N5,000.000.00) being general damages for trespass which the Defendants committed on the said land sometime during the year 2002 and which trespass still continues.

(ii) A perpetual injunction restraining the Defendants, their servants or agents from committing further acts of trespass on the said land."

Pleadings were filed and exchanged. At the trial the plaintiff testified and called one witness. Th…

ADEOSUN V. ADEOSUN & ORS

ADEOSUN
V.
ADEOSUN & ORS