(2003) JELR 44832 (CA)    

Court of Appeal  ·  CA/L/213/99 ·  26 Feb 2003 ·  Nigeria
G. A. OGUNTADE Justice of The Court of Appeal of Nigeria SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria P. O. ADEREMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
obawole bada
lower court
possession of the land
trial judge
aina arupe
statement of claim
statement of defence
representatives of obawole family
3rd defendants
dada adedipe family
grant of the land
said land
traditional history
diverse acts of ownership
full agreement
judgment of the lower court
leading judgment
native law
totality of the evidence
act of trespass
akute road
behalf of the defendants
case of thomas v. holder
children olaiti
containing evidence
evaluation of the facts of this case
extracts of the evidence of
failure of the court
grant of a customary right of occupancy
hectares of land
high court
ikeja division of lagos state
ikeja high court
lead evidence
light of the answers
representatives of sunmonu animashaun family
representatives of the obawole family
respect of the tract of land
said obawole family
saliu adamu
see oluwi v. eniola
serious error
such assumption

G. A. OGUNTADE, J.C.A. (Delivering the Leading Judgment): The appellants were the plaintiffs in Suit No.ID/1536/88 before the Ikeja High Court; and the respondents were the defendants. The parties are hereinafter described by the same descriptions they bore before the lower court. The plaintiffs brought the suit as the representatives of SUNMONU ANIMASHAUN family. The defendants were sued as the representatives of OBAWOLE family. The reliefs sought by the plaintiffs were:

"1. A declaration that the plaintiffs are entitled to the grant of a customary right of occupancy in respect of the tract of land measuring approximately 104.364 Hectares of land situate at Akute Road, off Iju Road, near Iju Station, Agege in the Ikeja Division of Lagos State demarcated on plan No. HU/LA/1648 drawn by T.A. Hussain (Licenced Surveyor) dated 14th day of February, 1981.

2. The sum of N20,000.00 (Twenty thousand Naira) being damages for trespass committed on the land by the defendants, their servants, ag…

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