(1970) JELR 44101 (SC)    

Supreme Court  ·  SC.728/66 ·  10 Apr 1970 ·  Nigeria
Other Citations
(1970) All N.L.R 172
GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria IAN LEWIS Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria
Core Terms Beta
customary court
trial president
aleshinloye family
grounds of appeal
learned president
akinkugbe j.
exhibits f
hearing of the appeal
high court
1st defendant
2nd defendant
4th grounds of appeal
copy of this court case
exhibit b
family property
following findings of facts
following grounds
following orders
further proof of ownership of the land
ground of estoppel
ibadan no.3 grade b
inter alia
issue of res judicata
leading judgment
present case
previous case
previous suit
recovery of plaintiff
reserved judgement
result of court
right of ownership of the land
sister of the 3rd defendant
value of the land
vegetable garden
wrong decision

MADARIKAN, J.S.C. (Delivering the Leading Judgment): Proceedings in this case were commenced in the Ibadan No.3 Grade B Customary Court where the plaintiff's claim against the defendant read:

"( 1) Title to ownership and recovery of plaintiff's land situate and being at Odookun, Ibadan bounded on one side by Ketuketu, second side by Kudeti stream, third side by Alapoefon, and fourth side by Kekuta. The value of the land is 200pounds.

(2) Injunction restraining the defendants, their joint and respective heirs, servants, agents or anybody claiming through them from further trespassing thereon or therein the land.

(3) Any other relief which the court can afford."

At the trial, the plaintiff's case was that the land in dispute was granted to his father, Odeniran, by Orowusi, and that it devolved on Odeniran's children as family property. The plaintiff called a boundary-man as a witness and he testified that the land belonged to the plaintiff's family.

The 1st defendant is a sister of the …

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