(2014) JELR 39981 (CA)    

Court of Appeal  ·  CA/EK/63/2013 ·  17 Mar 2014 ·  Nigeria
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
learned trial judge
consequential order
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

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…

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