(1994) JELR 40056 (SC)    

Supreme Court  ·  SC.207/86 ·  8 Jul 1994 ·  Nigeria
Other Citations
Asore v. Lemomu (1994) 7 NWLR (Pt.356)284
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria EMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
19th november
extension of time
notice of appeal
23rd december
court of appeal
order of court
general damages
learned counsel
statutory right of occupancy
judgment of the court of appeal
leading ruling
lead ruling
opportunity of reading
parcel of land
preliminary objection
20th day of january
23rd august
appeal incompetent
appellants n
appellate court of jurisdiction
briefs of argument
chief ososami licensed surveyor
claim of the appellants
close study of the record of proceedings
decision of the court of appeal
decision of the high court
end of the trial
following declaration
following orders
high court
leave of the court
leave of this court
main file
opening words
order of injunction
oshogbo judicial division
osogbo high court
plan no. j.f.a.
present case
provisions of the rules
result of trespass
simple irregularity
trial high court
unanimous decision

MOHAMMED, J.S.C. (Delivering the Leading Ruling): The plaintiffs who are appellants, in this appeal, instituted an action against the respondents at the Osogbo High Court, Oyo State. In the writ, the appellants claimed jointly and severally against the respondents for the following declaration and ancillary reliefs:

"(a) Declaration to a Statutory Right of Occupancy to piece or parcel of land situate, lying and being at Faji more particularly shown and delineated on Plan No. J.F.A. 1134 drawn by Chief Ososami Licensed Surveyor on the 20th day of January, 1980 and thereon edged Brown.

(b) The sum of Ten Thousand Naira (N10,000.00) being general damages suffered by the plaintiffs as a result of trespass committed by the defendants on the area verged Brown on Plan J.F.A. 1134.

(c) Injunction restraining the defendants, servants, privies, agents or anybody claiming through them from committing any further acts of trespass on the land in dispute."

At the end of the trial, in a judgment de…

There's more. Sign in to continue reading. is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login