AGBAJE
V.
ADIGUN & ORS.

(1993) JELR 44665 (SC)

Supreme Court · SC.275/1990 · 23 Jan 1993 · Nigeria
·

Other Citations

Agbaje v. Adigun (1993) NWLR (Pt.269)261 (1993) 1 SCNJ 1

CORAM

MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria UCHE OMO Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms ^Beta

court

evidence

respondents

appeal

document

court of appeal

dispute

case

counsel

ground

issue

learned trial chief judge

learned trial judge

grounds of appeal

high court

exhibit d

trial judge

exhibit a

learned counsel

leave of this court

mr. ajakaiye

said land

high court of oyo state

inter alia

owners of the land

rules of this court

suo motu

appeal no. s.c.

briefs of argument

brother ogundare

close of evidence

conclusion of the high court

erroneous view

further act of trespass

further argument

issues of acquiescence

lead evidence

leading judgment

members of oganla family

notice of preliminary objection

reserved judgment

such leave

suit s.c.

true copy of a judgment

weakness of the appellant

OGUNDARE, J.S.C. (Delivering the Leading Judgment): By a writ of summons issued in February, 1990 in the High Court of Oyo State, the plaintiffs (who are now respondents before us) sued the defendant (now appellant) claiming ₦1,000.00 damages for trespass "committed and still being committed by the defendant on plaintiffs' land situate, lying and being at Arena. Lemonu Street, Ekotedo, Ibadan" and an injunction restraining the defendant, his servants, agents and privies from committing any further act of trespass on the said land. The plaintiffs are all members of Oganla family. Indeed. 1st plaintiff is the Mogaji of family. Pleadings were tiled and exchanged. Three witnesses testified in support of the plaintiffs' case while the defendant and another witness testified in support of the defence. The learned trial Chief Judge, after addresses by learned counsel for the parties, in a reserved judgment, found for the plaintiffs and entered judgment in their favour awarding them ₦200.00 d…

AGBAJE V. ADIGUN & ORS.

AGBAJE
V.
ADIGUN & ORS.