(2004) JELR 44979 (CA)    

Court of Appeal  ·  CA/I/65/95 ·  13 Jul 2004 ·  Nigeria
Other Citations
Ajao v. Obele (2005) 5 NWLR (Pt.918)400
SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
customary tenant
customary right of occupancy
trial court
perpetual injunction
amended statement of defence
respect of the land
customary tenants
native law
high court
obele family
1st plaintiff
appellants declaration of customary right of occupancy
grant of forfeiture
judgment of the lower court
plan adaks
rules of court
behalf of the ajao family
brief facts of the case
close of trial
considered judgment
evidence of grant
following ground
forfeiture of the plaintiffs
idowu adeagbo ajao
issue of jurisdiction of this court
issue of nature of grant
iyana ibare village
iyiola adeagbo ajao
leading judgment
life time
notice of appeal
obele family land
order of the trial court
owners of the entire land
parcel of land
plaintiffs arasi obele
poju adeagbo ajao
preliminary objections
said land
said parcel of land
trial judge
trial of the case

ADEKEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Oyo State High Court of Justice, Ibadan Judicial Division, delivered on the 26th day of July, 1991. At the trial court - the plaintiffs Arasi Obele and Alhaji Fatai Akande representing the Obele family - sued the defendants - Idowu Adeagbo Ajao, Iyiola Adeagbo Ajao, Poju Adeagbo Ajao, Luku Adeagbo Ajao, Lasupo Adeagbo Ajao for and on behalf of the Ajao family for the under-mentioned reliefs:

"1. Declaration that the plaintiffs are entitled to be granted customary right of occupancy for and on behalf of themselves and Obele family in respect of all that piece or parcel of land situate, lying and being at Iyana Ibare village, along Ibadan/Ijebu road, Ibadan.

2. N500 for trespass committed by the defendants on the said land which trespass still continues.

3. Perpetual injunction restraining the defendants, their servants, agents and privies from committing further acts of trespass on the said par…

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