(2003) JELR 44717 (SC)    

Supreme Court  ·  SC.44/1997 ·  31 Jan 2003 ·  Nigeria
Other Citations
Adewole v. Dada (2003) 4 NWLR (Pt.810)369 (2003) 1 S.C (Pt.III) 66 (2003) 1 S.C (Pt.III) 66
Adewole v. Dada (2003) 4 NWLR (Pt. 810) 369
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
acts of trespass
further acts of trespass
appeal fails
concurrent findings of fact
finding of trespass
following issues
learned trial judge
lower courts
order of injunction
abodunde ajagbe igo
above issues
a. o. ejiwunmi
appellate court
briefs of argument
careful reading of the issues
conclusion of evidence counsel
coram ogundere
court of appeal holden
exceptional circumstances
facts of the case
father of the defendant
findings of fact of acts
great grand-father of the plaintiff
grounds of appeal
high court
high court of justice holden
leading judgment
leave of court
life time
m. e. ogundare
outside issues
portion of his land
present case
proved title
reserved judgment
respective claims
said land
u. a. kalgo
various acts of ownership
wrong perspective of the whole case

I. L. KUTIGI, J.S.C. (Delivering the Leading Judgment): In the High Court of Justice holden at Ibadan the plaintiff claimed against the defendant as follows -

"1. N1,000.00 representing damages for trespass committed and still being committed by the defendant by himself and through his agents on the plaintiff's land situate, lying and being at Idi-Ogun Awotan via 1badan.

2. Injunction restraining the defendant by himself, his agents, servants and or privies or otherwise howsoever from committing further acts of trespass on the said land."

The pleadings ordered were duly filed and exchanged between the parties. These were later amended by leave of court. At the hearing both the plaintiff and the defendant gave evidence and called witnesses to support their respective claims.

Briefly stated the plaintiff's case is that the land in dispute forms part of a large tract of land originally belonging to one Fijabi by settlement. In his life time, Fijabi granted absolutely a portion of his l…

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