(1997) JELR 45421 (CA)    

Court of Appeal  ·  CA/K/140/93 ·  3 Jun 1997 ·  Nigeria
Other Citations
Akanbi v. Kasandubu (1997) 11 NWLR (Pt.530)
Akanbi v. Kasandubu (1997) 11 NWLR (Pt. 530) 652
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
senior advocate
trial judge
disputed land
1st appellant
grounds of appeal
ilorin grammar school
learned trial judge
trial court
cross examination
favour of the respondent
leading judgment
onus of proof
piece of land
preliminary objection
supreme court
asa dam
evidence given
exhibit 2a.
following cases
geri alimi hospital ilorin
ilorin high court
ilorin kwara state of nigeria
issue of definitive certainty of the land
kwara state education management board
learned high court omu-aran
learned senior advocate
permanent injunction
plaintiff claim
plaintiffs land
present case
records of disputes
reserved judgment
rules of this court
sale of the piece of land
senior counsel
site plan of the land
sole authority
statement of claim
totality of evidence
transfer of the land
trial high court
trial judge gbadeyan j.

OGEBE, J.C.A. (Delivering the Leading Judgment): Alhaji Shuaib Kasandubu now deceased sued the appellants and two others before an Ilorin High Court for trespass to his land and injunction to restrain them from further trespass. Para. 18 of the respondent's amended statement of claim summarized his claim as follows:-

"18. The plaintiff says that the defendants are the sole authority administering the school called Ilorin Grammar School in Ilorin Kwara State of Nigeria.

Whereof the plaintiff claim against the defendants is a permanent injunction restraining the defendants and their agents, privies and servants from entering or trespassing or doing anything whatsoever at the plaintiffs land at Asa Dam behind Geri Alimi Hospital Ilorin."

The two appellants filed a statement of defence denying the claim. The respondent gave evidence on his own behalf that he bought a piece of land in 1972. He tendered an agreement which evidenced the sale and transfer of the land as Exh. 1 and a permit t…

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