(2003) JELR 44855 (SC)    

Supreme Court  ·  SC.125/1999 ·  27 Jun 2003 ·  Nigeria
Other Citations
Akanbi v. Salawu (2003) 13 NWLR (Pt.838)637 (2003) 6 S.C (Pt.II) 144 (2003) 6 S.C (Pt.II) 144
Akanbi v. Salawu (2003) 13 NWLR (Pt. 838) 637
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria
Core Terms Beta
behalf of ogboye family of idofian
judgment of the court of appeal
preponderance of evidence
arugbo village
ownership of arugbo land
traditional history
trial court
aina threat
high court
ogboye family of idofian
plaintiff compensation
learned trial judge
s. o. uwaifo
unoccupied land
acquired land
1st defendant
court of appeal
leading judgment
ogboye family land
plaintiff inter alia
arugbo village idofian
s. m. a. belgore
traditional historical evidence
customary certificate of occupancy
said land area
annual tribute
probabilities of this case
considered judgment
following averments
title of the plaintiff
amended statement of claim
alhaji jimoh opeloyeru
s. u. onu
farm produce
support of the history
determination of the appeal
river odomu
local government area of kwara state
competent grounds
ododo land
unpleaded facts grounds
payment of tribute
own internal conflict
present appellant

S. O. UWAIFO, J.S.C. (Delivering the Leading Judgment): This is an appeal from a judgment of the Court of Appeal, Kaduna Division. The subject-matter is land in Arugbo village in Ifelodun Local Government Area of Kwara State. The plaintiff, now appellant, for himself and on behalf of Ogboye family of Idofian, claiming the ownership of Arugbo land, sought six reliefs against the defendants, now respondents as follows:

"(a) That Ogboye family of Idofian are entitled to customary certificate of occupancy over the unoccupied land at Arugbo.

(b) That Ogboye family of Idofian are the family entitled to receive compensation over the acquired land by Kwara Breweries (Nig.) Ltd.

(c) An order that Kwara Breweries Nig. Ltd. should pay to the plaintiff compensation payable on Ogboye family land at Arugbo village Idofian.

(d) That Ogboye family of Idofian is entitled to harvest the economic trees on the land at Arugbo village in accordance with the age long tradition of Idofian.

(e) That Ogboye f…

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