Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



AJAYI
V.
JOLAOSHO

(2002) JELR 79820 (CA)    
Court of Appeal  ·  9 May 2002 ·  Nigeria
 · 
Other Citations
Ajayi v. Jolaosho (2004) 2 NWLR (Pt. 856) 89
CORAM
GEORGE ADESOLA OGUNTADE, J.C.A. (Presided), SULEIMAN GALADIMA, J.C.A. (Read the Leading Judgment), PIUS OLAYIWOLA ADEREMI, J.C.A.

Ratio Decidendi

Core Terms Beta
respondent
land
plaintiff
appellants
evidence
issues
learned trial judge
head of the family
special damages
court
first issue
alhaji assani
civil case
damages
favour of the respondent
general damages
learned counsel
lower court
preponderance of evidence
said land
sale of family land
subject matter of this suit
acts of trespass
agege alimosho local area
alhaji assani are
behalf of the respondent
building contractor
consent of the principal members of olugbede family
decision of the lower court
egbeda village
evidence act
evidence of pw1
evidence of the respondent
family land
grounds of appeal appellants
lagos state
land forms portions of olugbede family
leading judgment
lead judgment
notice of appeal
perpetual injunction
piece of parcel of land
portion of a large area of land
principal members of olugbede family
purchase receipt exhibit
second issue
statutory right of occupancy
submission of the learned counsel
survey plan no.
trial court

GALADIMA, J.C.A. (Delivering the Leading Judgment): In the court below the respondent was the plaintiff who brought an action against the appellants as defendants claiming as follows:-

"1. Declaration that the plaintiff is entitled to the statutory right of occupancy of all that piece of parcel of land situate lying and being at Egbeda Village, near Agege Alimosho Local Area, Lagos State more on survey plan No. 3054/LA/82 drawn by licensed surveyor L. Ademola Ashipa dated 28th October, 1982.

2. ₦200,000.00 (Two Hundred Thousand Naira) damages for trepass, demolition, damages to iron gates, unlawful removal of gates utilisation of building materials of plaintiff on the land, etc. committed by the defendants, their servants, agents and/or privies however called on the said land and which trespass continues and which special damages made up of total of ₦145,500 (see the writ).

3. General Damages.

4. Perpetual injunction restraining the defendants their servants, agents and/or privies by what…

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