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ATANDA
V.
COMMISSIONER FOR LANDS AND HOUSING, KWARA STATE

(2017) JELR 57449 (SC)

Supreme Court 5 May 2017 Nigeria
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- This is an appeal case stemming from a judgment of the Court of Appeal that overturned the judgment of the trial court. - The appellant, as the plaintiff, sought a declaration of ownership of a parcel of land and damages for crops and tre

Case Details

Suit Number:SC.156/2006
Judges:OLABODE RHODES-VIVOUR JSC (Presided) CLARA BATA OGUNBIYI JSC CHIMA CENTUS NWEZE JSC AMIRU SANUSI JSC ( Read the Lead Judgment) PAUL ADAMU GALINJE JSC
Counsel:Adeola Omotunde (with him, B.D. Popoola) for the Appellant; Kamaideen Ajiboe (AG Kwara State) (with him, F.D. Lawal (Mrs.), S.G. Kwara State, H.A. Gegele, D.C.L, M.A. Oniye, C.S.C, Issa Zakari, S.S.C and Priscilla Ejeh (Miss) for the Respondents.

SANUSI JSC (Delivering the Lead Judgment): This appeal stems from the judgment of the Court of Appeal, Ilorin division (“the court below or lower court”, for short) delivered on 2 March 2006 which upturned the judgment of the High Court of Justice, Kwara State (the trial court) delivered on 7 May 2004.

The appellant herein as plaintiff, took a writ of summons at the trial court against the defendants, now respondents seeking the under listed reliefs:

(a) A declaration that the plaintiff is the lawful owner of a parcel of land situate, lying and being at Offa garage area, Ilorin, the said land measures 699 ft by 303ft (35 plots) to the exclusion of the defendants or any A other person(s) A special damages of N50,000.00 (fifty thousand naira) being the cost of crops planted on the disputed land by the plaintiff and N50,000 (fifty thousand naira) being the cost of the economic trees which the plaintiff planted on the disputed land and same were uprooted by the defendants as at when the d…

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