AYINDE
V.
SALAWU

(1989) JELR 40116 (SC)

Supreme Court · SC.45/1986 · 26 May 1989 · Nigeria
·

Other Citations

Ayinde v. Salawu (1989) NWLR (Pt.109)297

CORAM

KAYODE ESO Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABDUL GANIYU OLATUNJI AGBAJE Justice of The Supreme Court of Nigeria EBENEZER BABASANYA CRAIG Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms ^Beta

plaintiff

land

dispute

2nd defendant

evidence

1st defendant

court of appeal

possession of the land

statement of claim

trial court

native law

learned trial judge

presence of witnesses

common ground

high court

learned justice of appeal

special damages

supreme court

2nd appellant

act of ownership

following passage

hearing of the case

members of baba eko family

plaintiffs claim

said paragraph

said sale

simple reason

support of his own evidence

1st defendant of cement blocks

2nd defendant claims

2nd defendants family

3rd p.w.

aforesaid sale

declaration of title

defendants dipo rafiu ayinde

evidence of these witnesses

further trespass

ibadan high court

implication of the finding of the court

important issues

leading judgment

lead judgment of that court

parcel of land

portion of the family land

present case

representatives of baba eko family

sale of the afore

set aside

time bargain

trial court of exhibit j

AGBAJE, JSC (Delivering The Leading Judgment): The plaintiff, Alhaja Sikiratu Salawu, sued the defendants Dipo Rafiu Ayinde and Saidu Mustafa in an Ibadan High Court claiming against them as follows:-

"(a) Declaration that the Plaintiff is entitled to statutory right of occupancy to all that piece and parcel of land situate lying and being at Old Ife Road, Loyola College Area, Ibadan, shown on Plan No.KESH/Y/4036 dated 15th February, 1979 made by Alhaji Y.O.A. Keshinro, Licensed Surveyor.

(b) ₦10.000.00 General and Special damages for trespass and for destruction by the 1st defendant of cement blocks left on the land by the Plaintiff.

(c) Perpetual injunction restraining the Defendants their servants, agents and privies from further trespass on the land.

IN THE ALTERNATIVE the plaintiffs claim against the 2nd defendant is for the sum of ₦7,450.00 being special and general damages (suffered by the plaintiff) for loss of bargain resulting from the sale of the afore-said land to the pla…

AYINDE V. SALAWU

AYINDE
V.
SALAWU