(2015) JELR 45523 (CA)    

Court of Appeal  ·  CA/I/92/2008 ·  15 May 2015 ·  Nigeria
SONTOYE DENTON-WEST Justice of The Court of Appeal of Nigeria MOHAMMED AMBI-USI DANJUMA Justice of The Court of Appeal of Nigeria JAMES SHEHU ABIRIYI Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
1st respondent
case of the respondents
dimension of the land
evidence of pw5
logun village
oniyanrin village
statement of defence
survey plan
ascription of different names
claim of the appellants
evidence of pw1
following issues
james shehu abiriyi
only issue
statement of claim
4h respondents
abundant evidence
appellant cut teak trees
averments of the dimension
case of the plaintiff
claim of the plaintiff
contradicted evidence of the defendants
customary tenants of the oba of ede
cut teak trees
evidence of priority of grant
evidence of the plaintiff
join issues
judgment of the high court of osun state
k. o. ijatuyi
leading judgment
logun alimi
notice of appeal
oba toyese laoye timi of ede
olokun ogunbunmi
order of forfeiture
ownership of the land
pleadings of the respondents
possession of the plaintiffs
sotonye denton west
trial judge

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Osun State delivered on 30th March, 2006 at Ede, Ede judicial Division.

The Appellants were the Plaintiffs at the Lower Court. The Respondents were the Defendants.

The claim of the Appellants against the Respondents at the Lower Court was for the following:

(a) N2.0 Million as special and general damages against the Defendants (sic) for the trespass committed by the Defendants on the land lying and being at Oniyanrin Village, Ede and which land had been in possession of the Plaintiffs and bounded by (i) Lasisi Asunmo's farm, (ii) Sule Atanda Bababanla, (iii) Labiyi and (iv) Logun Alimi.

(b) Injunction Restraining the Defendants by themselves, their servants, agents, privies and whosoever from further trespassing unto the land in dispute.

According to the Appellants, the land in dispute is at Oniyanrin in Logun village. About 40 - 50 years ago, Oba Toyese Laoye Tim…

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