BABATOLA
V.
ADEWUMI

(2011) JELR 46113 (CA)

Court of Appeal · CA/AE/30/2010 · 13 Jul 2011 · Nigeria

CORAM

UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria HARUNA M. TSAMMANI Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

appellant

respondent

plaintiff

trial court

block r

learned trial judge

plot 7a

olora layout

lower court

purchase receipt

material witnesses

plot of land

said plaintiff

amended statement of claim

amended statement of defence

appellate court

building plan

identity of the subject matter

above findings

civil cases

lead evidence

cases of madumma v. jambo

close of evidence

considered judgment

first issue

heavy burden of proof

injunctive relief

jack v. whyte

judgment of the ekiti state high court

leading judgment

nigerian maritime services v. onisesin

n.w.l.r. p.857

okene v. orianwo

order of this honourable court

p.549

physical evidence

piece of land

plaintiff claims

plaintiff fails

such relief

survey of the land

tenants of the said plaintiff

trial judge

view of the failure of the respondent

HARUNA M. TSAMMANI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Ekiti State High Court, sitting at Ado-Ekiti in Suit No: HAD/54/2003 delivered on the 3rd day of December, 2007. The Appellant herein was defendant at the lower court in a suit filed against him by the Respondent (as plaintiff) in which the Respondent sought for a declaration and an injunctive relief pertaining to some buildings on a piece of land situate, lying and being at plot 7A, Block R, Olora Layout, along Opopogboro, Ado-Ekiti.

The Respondent's case at the trial court is that, she bought a plot of land from the Appellant sometimes in 1977 at a price of Three Hundred Naira (N300:00) wherein a purchase receipt was issued to her by the Appellant. That she then carried out a survey of the land and later obtained a building plan in 1982 and that after she obtained the building approval, she erected a bungalow of 2 flats of 4 bedrooms each, one of which she let out to tenants, …

BABATOLA V. ADEWUMI

BABATOLA
V.
ADEWUMI