Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2003) JELR 44959 (CA)    

Court of Appeal  ·  CA/I/M.166/99, CA/I/134/2000 ·  16 Jul 2003 ·  Nigeria
Other Citations
Ajibulu v. Ajayi [2004] 11 NWLR (Pt.885)458
Ajibulu v. Ajayi (2004) 11 NWLR (Pt. 885) 458
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

Ratio Decidendi

Core Terms Beta
learned trial judge
trial court
deed of conveyance
burden of proof
parcel of land
identity of the land
trial judge
chief timothy dada
imaginary scale
circumstances of this case
evaluation of evidence
exhibit a
documents of title
land registry
lands registry
local government area of osun state
osun state
plaintiff's land
possession of the land
alhaji bello ajani sapo
amended statement of claim
appellant's children
case of the respondent
civil case
considered judgment of the learned trial judge
course of trial
court of appeal rules
credible evidence
dada estate egbedore
different plots of land
exhibit b.
judgment of the high court of justice
leading judgment
lower court parties
oral evidence
order of this honourable court
part of a wide expanse of land
record shows
respondent's claims
said deed of conveyance
said defendant
vendor chief dada

OLUFUNLOLA OYELOLA ADEKEYE, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice, Osun State, Osogbo Judicial Division, delivered on the 30th day of April, 1993. The respondent in this appeal instituted this action as suit No. HOS/12/97 against the appellant as defendant claiming according to the endorsement on the writ of summons and paragraph 21 of the amended statement of claim as follows:

(i) ₦500,000.00 (Five hundred thousand Naira) damages for trespass committed by the defendant, his agents or servants on the plaintiff's land situate, lying and being at Dada Estate Egbedore Local Government Area of Osun State, covered by a deed of conveyance registered as No. 43 at page 43 in volume 1502 of the Lands Registry in the office at Ibadan.

(ii) Perpetual injunction restraining the defendant, his agents, servants or privy from committing any further trespass on the land.

Parties filed and exchanged pleadings. In the course of trial …

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