Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



AMUSAN & ANOR.
V.
OLAWUNI

(2001) JELR 44254 (CA)    

Court of Appeal  ·  CA/I/14/94 ·  27 Nov 2001 ·  Nigeria
CORAM
DALHATU ADAMU Justice of The Court of Appeal of Nigeria FRANCIS FEDODE TABAI Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
respondent
appellants
statement of claim
land use act
writ of summons
urban areas
lower court
custom of inheritance
fakile areas of wakajaiye town
supreme court
iwo high court
aiyedade customary court
claim of the respondent
high court
issue of jurisdiction
leading judgment
portions of palm trees
urban town of wakajaiye
virtue of the provisions of section
address of counsel
briefs of arguments
children of agoremilekun
contention of appellants
distant member of sangoseyitan family
evidence of the 1st witness
exclusion of other descendant of sangoseyitan
following issues
further acts of trespass
grant of customary right of occupancy
high court of oyo state
identity of the land
judgment of the learned trial judge
kolanut farmlands
lands of her brother jacob makinde
leave of this court
light of my view
part of sangoseyitan farmland
plaintiff claims
proof of title of jacob makinde
said jacob makinde
situs of the properties
standard of proof
substance of the arguments of the appellants
support of this contention
wakajaiye land
weight of evidence

F. F. TABAI, JCA (Delivering the leading Judgment): In the Writ of Summons issued on the 21/10/92 at the Ife Judicial Division then of the High Court of Oyo State, the Plaintiff/Respondent, suing for himself and other children of AGOREMILEKUN, except Afolabi, claimed against the Defendants/Appellants jointly and severally as follows:-

"1. Declaration that the Plaintiffs are entitled to the grant of customary right of occupancy over and upon those three portions of palm trees, cocoa, kolanut farmlands situate lying and being at OLOWOREJU and FAKILE areas of WAKAJAIYE Town.

2. N1,000.00 being general damages suffered by the Plaintiff when the Defendants unlawfully seized and trespassed upon the palm trees, on the farms and reaping them without plaintiff's authority or consent.

3. Injunction restraining the Defendants, their agents, servants and privies from further acts of trespass upon the farms."

And in paragraph 52 of the Statement of Claim filed on the same day it was averred as fol…

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