(2000) JELR 43983 (SC)    

Supreme Court  ·  SC.98/94 ·  7 Apr 2000 ·  Nigeria
Other Citations
Akinterinwa v. Oladunjoye (2000) 6 NWLR (Pt.659)92
ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
famubo family
1st defendant
joseph famubo
better title
identity of the land
james omeiye
learned trial judge
piece of land
head of the family
learned trial chief judge
statement of claim
famubo family of akure
head of famubo family
grant of the land
okuta elerinla itamerin
trial court
better claim
late james omeiye
mr. olu bello
survey plan
dispute forms
larger piece of land
parcel of land
1st defendant null
5th defendant mr. olu bello
akure township
amended statement of defence
appearance of the 5th defendant
case of the plaintiff
credible evidence
earlier case
following reliefs
judgment of the court of appeal
leading judgment
particulars of claim
plaintiff n1,000.00
portion of land
previous land cases
respect of disputes
said vendor
sale defendant
witness joseph famubo

KATSINA-ALU, J.S.C. (Delivering the Leading Judgment): This is an appeal by the defendants from the judgment of the Court of Appeal dated 10 December 1993; whereby the Court of Appeal confirmed with some amendment the decision of the trial Ondo State High Court dated 19 April 1989. The trial court declared the grant of the land in question to the 1st defendant null and void but upheld the grant of the same piece of land to the plaintiff. He also awarded the plaintiff N1,000.00 as general damages for trespass.

The respondent was the plaintiff in the action. He sued the 1st defendant for the following reliefs:

1. Ten thousand naira (N10,000.00) being special and general damages for trespass committed by the Defendant on the plaintiff's piece or parcel of land which is situate lying and being at Okuta Elerinla Itamerin in Akure township.

2. Injunction restraining the Defendant, his servants, privies and/or agents from further acts of trespass on the said Plaintiff's land.

Originally th…

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