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ADISA
V.
OYINWOLA & ORS.

(2000) JELR 43697 (SC)

Supreme Court 23 Jun 2000 Nigeria
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- The case involves a dispute over land rights and jurisdictional issues. - The Court of Appeal upheld a judgment against the defendant by the High Court of Oyo State. - The issue of jurisdiction is a threshold issue and must be addressed f

Case Details

Suit Number:SC.304/1991
Judges:MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU 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 SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria
Counsel:Olaseni Okunloye (with him Olayinka Bolanle) For Appellant Kolawole Esan (with him, Miss Folorunso Lufadeju)As Amici curiae:Godwin Kanu Agabi, SAN (Attorney General of Nigeria) [with him Mrs. Y. O. Fasade (Director, Civil Litigation), F.K. Bebu (Principal Legal Officer), Rotimi Jacobs and Emmanuel Akpomudje.]K. O. Sofola, SAN, (with him, Dr. O. Sofola and Halima Umar Erena)C.O. Akpamgbo, SAN, (with him, I.C. Anumudu and Miss Racheal Ordu)Dr. Y. Kayode-Adedeji, (Attorney-General, Osun State) [with him, A.O. Adeniyi, (State Counsel)]Awa O. Kalu (Attorney-General, Abia State) [with him, J. Ukpai and Miss C. Atuloma]Miss O. O. Bello for Alhaji Abdullahi Ibrahim, SAN.B. R. MakanjuChief Kola Babalola For Respondent
Other Citations:Adisa v. Oyinwola (2000) 10 NWLR (Pt.975), (2000) JELR 57989 (SC), (2000) JELR 63394 (SC)

E. O. AYOOLA, JSC (Delivering the Leading Judgment): This is an appeal from the decision of the Court of Appeal (Akanbi, Kutigi, JJCA (as they then were) and Omololu-Thomas, JCA). That court dismissed an appeal from the decision of the High Court of Oyo State (Okeyode Adesina, J) whereby judgment was entered against the defendant. The original plaintiff was one Alhaji Jimoh Akano, described as the Ikolaba of lgbetti, who claimed as representative of the Ikolaba family against the defendant, in his personal capacity, a declaration of customary right of occupancy to a piece of land described as 'land of Ikolaba of Igbetti', situate at Kishi in Oyo State, damages for trespass and injunction. Adesina, J., on 2nd July, 1985 entered judgment for the plaintiff, granted the declaration sought, awarded damages against the defendant for trespass and restrained him from committing further acts of trespass on the land. The defendant's appeal to the Court of Appeal was dismissed on 21st June, 1988…

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