(1992) JELR 39929 (CA)    

Court of Appeal  ·  CA/I/19/87 ·  19 Mar 1992 ·  Nigeria
Other Citations
Alade v. Ogundokun (1992) 5 NWLR (Pt. 239)
JOSEPH DIEKOLA OGUNDERE Justice of The Court of Appeal of Nigeria ISA AYO SALAMI Justice of The Court of Appeal of Nigeria RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
trial judge
grounds of appeal
stool land
wrong decision
1st plaintiff
case of the plaintiffs
said land
trial court
abundant evidence
attitude of an appellate court
evidence of d.w.4
statutory right of occupancy
supreme court
2nd plaintiffs
3rd p.w.
additional grounds of appeal
appellate court
baale of ile-ogo
eldest member of the second defendant
erroneous misrepresentation of the findings of the trial court
evidence of p.w.3
finding of the lower court
further grounds of appeal
general rule
incumbent baale of ile-ogo
leading judgment
leave of the court
original grounds
original grounds of appeal
oyeyide v. adeoti
oyo state
parcel of land
proper evaluation of the evidence
record of appeal
reserved judgment
respective briefs of argument
respect of the plaintiffs
submission of the learned counsel
such evidence
unpleaded facts
weight of evidence

RABIU DANLAMI MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The Plaintiffs' claim against the Defendants is for:-

"(a) Declaration that as the Customary owners the Plaintiffs are entitled to statutory right of occupancy in respect of the plaintiffs' piece or parcel of land situate lying and being at Aroro, Igbo-Elepe area, Ile-Ogo, via Iwo in Oyo State, the plan of which will be filed later in court.

(b) N2, 000 being general damages against the Defendants jointly and severally for trespass committed on the said land sometime in March 1982. The trespass still continues.

(c) Injunction restraining the Defendants, their servants, agents and/or privies, from further acts of trespass on the said land."

Pleadings were ordered filed and exchanged. Nine witnesses including the 1st and 2nd plaintiffs testified in support of the plaintiffs' claims, while six witnesses including the two defendants testified for the defence. After addresses by learned counsel for the parties, the learned …

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