ADESINA
V.
AFOLABI

(2001) JELR 57742 (CA)    

Court of Appeal  ·  CA/IL/61/99 ·  15 Mar 2001 ·  Nigeria
 · 
Other Citations
Adesina v. Afolabi (2002) 13 NWLR (Pt. 783) 200
CORAM
MURITALA AREMU OKUNOLA, JCA (Presided) PATRICK IBE AMAIZU, JCA (Read the Lead Judgment) SAMUEL WALTER NKANU ONNOGHEN, JCA
Core Terms Beta
evidence
court
land
learned counsel
parties
upper area court
oloffa of offa
respondent
defendants
counsel
present oloffa of offa
record of proceedings
lower court
trial upper area court
lead judgment
part of the land
learned judges of the high court
prominent personalities
common ground
lawal-rabana
learned counsel’s view
others
perpetual injunction
respondent’s case
submissions of the learned counsel
above judgment of the upper area court
amobe offa
ancestor asolofa
asalofa family members of offa
balogun of offa
behalf of asalofa family of offa
briefs of argument
case of the appellant
case thatmany
civil procedure
following cases
following issues
following reliefs
grou nds of appeal f
high court
judgment of the trial upper area court
judgment of this case
learned trial judges
plaintiff’s land
present proceedings
record shows
respect of their visits
respondent’s family
totality of the evidence
use of the land

AMAIZU, JCA (Delivering the Lead Judgment): The facts which led to the present proceedings briefly are as follows:- The respondent, as the plaintiff, brought an action against the appellant and three others as defendants, in an Upper Area Court, Omu- Aran, for and on behalf of Asalofa family of Offa claiming the following reliefs:- “1. A declaration that the plaintiff and his Asalofa family members of Offa are the customary title holders and owners of the landsituate and lying at Amobe Offa, and therefore the only people entitled to a certificate of occupancy on the land.

A perpetual injunction restraining the defendants, their agents, privies, or any one claiming through them from committing further acts of trespass on the plaintiff’s land. A perpetual injunction restraining the defendants, their agents , privies or any one claiming through them from disturbing the plaintiff’s family of their peaceful possession and use of the land”.

It is the respondent’s case that their ancestor As…

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