(1984) JELR 46445 (SC)    

Supreme Court  ·  SC.26/1983 ·  11 May 1984 ·  Nigeria
MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria
Core Terms Beta
ojomo eyisha family
chief ayo williams
1st defendant
learned trial judge
parcel of land
possession of the land
statement of claim
chief ayodele williams
date of the contract
statement of defence
declaration of title
senior advocate
ayodele williams
favour of ayodele williams
legal title
said ojomo eyisha family
1st day of september
building blocks
case of ekpo
claims of ojomo eyisha family
evidence law of an instrument
exhibit a.
further acts of trespass
high court of lagos
ikeja high court
judgment of the learned trial judge
leading judgment
learned justice
members of ojomo eyisha family
particulars of claim
plan no.139c
possession of the piece
possession of the said piece
provision of section
relevant paragraphs of the parties
respect of the land
rights of ownership
said appeal
said chief ayodele williams
said land
such averment
sufficient evidence
suit no.ik
title of the plaintiff
virtue of a deed of conveyance
virtue of a deed of sale
west african court of appeal

NNAMANI, J.S.C. (Delivering the Leading Judgment): The appellant herein was the 1st defendant at the Ikeja High Court in Suit No.IK/34/71. In that suit the plaintiff (respondent herein) had sued him and one Afolabi Alias Baba Ramuni (who died in the course of proceedings) claiming the following reliefs:

"(1) Declaration of title to a piece or parcel of land situate lying and being at Fagbile, Odi Olowo, Mushin, Ikeja District

(2) 100 (One hundred pounds) general damages for trespass.

(3) Possession of the said piece and parcel of land.

(4) An injunction restraining the defendants, their servants and or agents from further acts of trespass to the said land"

Pleadings were duly ordered filed and exchanged.

The matters on which the parties joined issue can be seen from some relevant paragraphs of the parties' pleadings. In paragraphs 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16 and 17 the plaintiff averred as follows:-

"3. That the land in dispute is situate, lying being at 18, Ayan…

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