(2018) JELR 39086 (CA)    

Court of Appeal  ·  CA/AK/6/2016 ·  15 Feb 2018 ·  Nigeria
UZO IFEYINWA NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria MOHAMMED AMBI-USI DANJUMA Justice of The Court of Appeal of Nigeria OBANDE FESTUS OGBUINYA Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
learned trial court
lower court
declaration of title
boundaries of the land
suit no. hod
traditional evidence
following cases
better title
evidence of the claimants
learned counsel
learned trial judge
statement of claim
acts of long possession
ashafuren of igbado
contention of the learned counsel
decision of the court
evidence of dw5
failure of the respondents
above suit
briefs of argument
call evidence
evidence of cw5
evidence of the appellants
inadmissible evidence
oba ashafuren
original grantor of the land
perpetual injunction
reply brief of the appellants
virtue of exhibits d1
conclusion of trial
entire members of the adeseki family
entire parcel of land
grant of customary right of occupancy
judgment of the high court of ondo state
land of the plaintiffs
leading judgment
paragraph counter affidavit
said land of the claimants
similarity of the issues
support of pleadings
trial of the case
unpleaded facts

MOHAMMED AMBI-USI DANJUMA, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ondo State, sitting at the Ondo Judicial Division, delivered by Hon. Justice S. Adesola Sidiq on the 30th day of June, 2015.

By a writ of summons and a statement of claim dated and filed on 7/3/2013, the plaintiffs claimed against the defendants for the following reliefs before the learned trial Court:

1. A declaration that the claimants and the entire members of the Adeseki Family are entitled to the grant of Customary Right of Occupancy over the entire parcel of land situate at Lobi, via Igbado, Odigbo Local Government Area, Ondo State which boundaries are:

i. On the right, the Adeseki Family have boundary with Orunbato Ogungbeje Family.

ii. On the left, they have boundary with Oloka Family

iii. North, they have boundary with Orunbato Ogungbeje Family.

iv. South, they have boundary with Orunbato Ogungbeje Family.

2. The sum of N5, 000.000.00(Five Million Naira) a…

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