(2000) JELR 43978 (SC)    

Supreme Court  ·  SC.145/94 ·  23 Jun 2000 ·  Nigeria
Other Citations
Adesanya v. Aderonmu (2000) 9 NWLR (Pt.672) 370 (2000) 6 SC (Pt11) 18
Adesanya v. Aderonmu (2000) 9 NWLR (Pt. 672) 370
ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria
Core Terms Beta
boundaries of the land
learned trial judge
ayoade family
customary law
declaration of title
exhibit d
exhibit a
exhibit d.
customary right of occupancy
court of appeal
leading judgment
purchase receipt
said land
erection of a building
order of injunction
palm trees
part of the land
sufficient proof of his title
aderinola ejide ayoade
chief s. d. akere
credible evidence
death of akintunde
evidence of p.w4
evidence of the 6th p.w.
facts of this case
head of the akintunde family
high court of justice of oyo state
judgment of the trial court
licence of the plaintiff
maximum use of the land
meticulous review of the entire evidence
nwaimo amd others
oldest member of the ayoade family
parcel of farmland
proper order
respect of this sale of the land
said ayoade
said purchase price
single issue
sole reason
such thing
traditional history of the land
wit alhaji s. d. aderonmu

IGUH, J.S.C. (Delivering the Leading Judgment): The proceedings leading to this appeal were first initiated on the 14th day of February, 1984 in the High Court of Justice of Oyo State of Nigeria, holden at Ibadan. In that court, the plaintiff, Chief S. D. Akere, now deceased, instituted an action against the defendant claiming as follows:-

"(a) A declaration of title to a Customary Right of Occupancy over all that piece or parcel of farmland situated, lying and being at Apete Village lbadan- a place about 15 kilometres to Mapo and within the rural area of Akinyele Local Government Council.

(b) Two Thousand Naira (N2,000) general damages for continuing trespass committed and still being committed by the defendant on the said land.

(c) An order of injunction restraining the defendant, her servants, agents or any person claiming through or under her from committing further acts of trespass on the said land."

Pleadings were ordered in the suit and were duly settled, filed and exchanged. T…

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