AGBOOLA
V.
AUDU

(2018) JELR 38727 (CA)    

Court of Appeal  ·  CA/IL/55/2017 ·  11 Jul 2018 ·  Nigeria
CORAM
MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria BOLOUKUROMO MOSES UGO Justice of The Court of Appeal of Nigeria
Core Terms Beta
counsel
issue
respondent
representative capacity
late owolabi
magbon community
trial judge
agbeku community
locus standi
learned trial judge
trial court
baale of magbon
court of appeal act
family property
lower court
mr. oji
name baale audu
non-existent person
statement of defence
alhaji sanni owolabi
appellants objection
behalf of his agbeku community
head of family
late owolabis authority
members of the family
present case
respondents magbon community
said land
action incompetent
agbeku communitys case
appellant lacks locus standi
attorney-general of east central state
behalf of his magbon community
case of chief p.c anatogu
case of the defendant
consent of agbeku community
counterclaim of the defendant
customary owners of the parcel of land
evidence of magbons tenancy
evidence shows
findings of the trial court
leading judgment
leave of court
mr. kizito oji
new oba
ownership of the said land
painstaking examination of this case
similar issues
traditional chieftaincy title of oniran of orin
witnesses statements

BOLOUKUROMO MOSES UGO, J.C.A. (Delivering the Leading Judgment): Quite a number of years back, precisely 2002, Alhaji Sanni Owolabi, now deceased, in a representative capacity on behalf of his Agbeku Community, sued the respondent, whom he described as Baale of Magbon, on behalf of his Magbon Community, for a declaration that Agbeku Community are the customary owners of the parcel of land where respondents Magbon Community are farming and settled. He also sought orders (2) restraining Magbon Community from felling economic trees on the said land without the consent of Agbeku community, as well as (3) an order compelling Magbon Community to pay traditional gifts, otherwise called Isakole, as evidence of Magbons tenancy to Agbeku. In the alternative to the payment of Isakole, he sought an order for Magbon to vacate the said land. Agbeku Communitys case was that Magbon Community who are their tenants on the land had been lately engaging in acts inimical to their (Agbekus) ownership of th…

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