(2002) JELR 44522 (SC)    

Supreme Court  ·  SC.34/1996 ·  11 Jan 2002 ·  Nigeria
Other Citations
Agbeje v. Ajibola (2002) 2 NWLR (Pt.750)127 (2002) 1 S.C 1
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI 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 EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria
Core Terms Beta
trial court
court of appeal
parcels of land
appellate high court
upper area court
igborodo land
appeal court
preponderance of evidence
senior advocate
wrong onus
decision of the court of appeal
decision of the trial court
obani land
okingo land
olojola land
omipa land
plaintiffs claim
unanimous decision
a. i. iguh
appeal of the plaintiffs
appellate division of the high court of justice
argument of the learned senior advocate
conclusion of hearing
course of the trial
customary tenants of the plaintiffs
following points
high court of justice
idofin odo-ase community
igbo-irodo land
issue no.
issue no. i.
issue of certainty of land
land case
leading judgment
local government area of kwara state
painstaking review of the entire evidence
said judgment of the upper area court
said lands
subsequent trial

A. I. IGUH, J.S.C. (Delivering the Leading Judgment): This land case was initiated at the Upper Area court, Omu-Aran. In that court, the plaintiffs, for themselves and as representing the Idofin Odo-Ase community, claimed against the defendants, as representatives of Irodo family in Idofin Odo-Ase, as follows:

"(i) A declaration that the plaintiffs are, according to native law and custom, owners of pieces of farmlands known and called Obani land, Omipa land, Olojola land, Okingo land and Igbo-Irodo land respectively in Idofin Odo- Ase in Irepodun Local Government Area of Kwara State and the said lands are to be set out in plans to be filed later.

(ii) A declaration that the defendants as customary tenants of the plaintiffs have forfeited their rights and interest to enter and farm in the said pieces of farmlands in that they have claimed to be the owners thereof.

(iii) Injunction restraining the defendants from further trespassing on the plaintiffs' lands described above."

At the su…

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