(2018) JELR 38796 (CA)    

Court of Appeal  ·  CA/EK/86/2016 ·  5 Jul 2018 ·  Nigeria
AHMAD OLAREWAJU BELGORE Justice of The Court of Appeal of Nigeria FATIMA OMORO AKINBAMI Justice of The Court of Appeal of Nigeria PAUL OBI ELECHI Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
declaration of title
statement of claim
award of damages
order of perpetual injunction
supreme court
traditional history
acts of ownership
material contradictions
notice of appeal
trial judge
appellants counsel
descendants of adedeji akawa
principles of law
cross examination
findings of the trial court
idundun v okumagba
late chief fakiyesi
strength of his own case
awajin farm land
award of n1
behalf of eesara family of ado-ekiti
behalf of the eesaro family
chief ogidiloogun
cw5-honourable george tunji akawa
earlier evidence
echi v nnamani
evidence of the respondents witnesses
evidence of traditional evidence
facts of the case
father of fatoyo fakiyesi
following facts
founders of the farm land
judgment of ekiti state high court
large parcel of land
leading judgment
learned counsel
leave of court
modes of proof of title
olachi v balogun
onibudo v akibu
pleaded title
respondents land
view of the above authorities
weakness of the case of the defendant

PAUL OBI ELECHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Ekiti State High Court delivered by His Lordship Hon Justice C.I. Akintayo on the 19th day of December, 2014, granting declaration of title to the Respondents, the sum of N1million Naira for trespass and an order of perpetual injunction.

Dissatisfied with the aforesaid judgment, the Appellants with the leave of Court appealed against same on the 28th October, 2015 vide a notice of Appeal which contained four grounds of appeal as could be seen from pages 245-248 of the records.


According to the Appellant, the Respondents were the claimants before the trial Court claiming for declaration of title, damages for trespass and an order of perpetual injunction against the Appellants. The Respondents instituted this action for themselves and on behalf of Eesara family of Ado-Ekiti whilst the Appellants defended the said suit as representatives of Oniloda OkeEwi family of Irona qu…

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