(2006) JELR 39985 (CA)    

Court of Appeal  ·  CA/I/156/2005 ·  12 Dec 2006 ·  Nigeria
JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria ALFRED PEARSON EYEWUMI AWALA Justice of The Court of Appeal of Nigeria JOHN INYANG OKORO Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
trial court
customary arbitration
oliwo awonusi family land
lead judgment
behalf of the appellants
judgment of ewusi
1st defendant
decision of the arbitrators
necessary parties
plots of land
binding effect
branches of oliwo awonusi family
exhibit a
full disclosure of the total number of plots
such decision
admission of exhibits
amount of money
authentic terms of their settlement of the dispute
chairman of the arbitration body
claims of the plaintiff
common ground
costs of the above appeal
costs of the proceedings of the lower court
customary court
customary law arbitration
decision of the customary court
documentary evidence
high court of justice
john afolabi fabiyi
judgment of the lower court
leading judgment
nature of african customary law
notice of appeal
ogun state of nigeria
order of this honourable court sitting
plaintiffs claim
plaintiffs claims
purport of a customary arbitration
said documents
said layout
stance of the trial judge
traditional customary arbitrator
trial of the above case

JOHN AFOLABI FABIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment delivered by Saula, while sitting at the High Court of Justice, Sagamu in Ogun State of Nigeria on 30th July, 2004. In the judgment, the claims of the plaintiff at the trial court and respondent herein were substantially granted as prayed.

The plaintiffs claims as contained in paragraph 29 of the statement of claim read thus:

"29, WHEREOF the plaintiffs claim against the defendants jointly and severally (sic) read as follows:

(a) An order directing the defendants to:

(i) make a full disclosure of the total number of plots in each of Phases I and II of the Oliwo Awonusi Family land.

(ii) tender a full financial account of all the plots of land sold by the defendants in Phases I and II of the Oliwo Awonusi Family land.

(iii) disclose the amount of money if any, distributed among each of the five branches of Oliwo Awonusi Family.

(b) A declaration that the plaintiff is entitled to be…

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