AMINU & ORS
V.
HASSAN & ORS

(2014) JELR 40275 (SC)    

Supreme Court  ·  SC.44/2002 ·  17 Jan 2014 ·  Nigeria
CORAM
IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria
Core Terms Beta
respondents
evidence
exhibit e
counter-claim
evidence act
court of appeal
customary tenants
exhibits g
res judicata
learned justices of the court of appeal
exhibits e
proof of any pleaded fact
previous case
senior counsel
learned trial judge
judgment of the trial court
record of evidence of witnesses
said land
trial judge
balogun osolo family
behalf of the appellants
behalf of the respondents
earlier case
adimora v
customary tenancy of the land
high court
individual respondents
judgment of the high court
reclamation of the whole portions of land
respect of the area of land
statement of claim
case of forfeiture
family v
further acts of trespass
general rule
grant of a certificate of occupancy
high court of lagos state
later stage
leading judgment
matter of the use of the word
original land owners
plaintiffs hold
plea of res judicata
rights of ownership of the said land
subject matter of this suit
such owners
survey plan no. cd
unpleaded exhibits g
unpleaded record of evidence of witnesses

JOHN AFOLABI FABIYI, J.S.C. (Delivering the Leading Judgment): At the trial High Court of Lagos State, the plaintiffs who are respondents in this appeal claimed as follows:-

"(i) A declaration that the plaintiffs are the persons entitled to the grant of a Certificate of Occupancy in respect of the area of land measuring approximately 26.3276 hectares situate at Aiyetoro Village, Badagry, Lagos State and verged RED on Survey Plan No. CD 223/74 dated 20th December, 1973 prepared by C. Olu Dawodu, Licenced Surveyor.

(ii) N200,000:00 damages for trespass committed by the Defendants, their servants and agents.

(iii) An injunction restraining the Defendants, their servants and agents from continuing or committing further acts of trespass on the said land."

The defendants, on being served with the statement of claim, filed their statement of defence which was accompanied by a counter-claim that reads as follows:-

"(a) Forfeiture of the plaintiffs' customary tenancy of the land in dispute to…

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