Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



BADIRU
V.
BISIRIYU

(1996) JELR 40135 (CA)    

Court of Appeal  ·  CA/L/212/92 ·  12 Dec 1996 ·  Nigeria
 · 
Other Citations
Badiru v. Bisiriyu [1997] 5 NWLR (Pt.504)
CORAM
DAHIRU MUSDAPHER JCA RABIU DANLAMI MUHAMMAD JCA IGNATIUS CHUKWUDI PATS-ACHOLONU JCA

Ratio Decidendi

Core Terms Beta
defendant
plaintiff
court
learned trial judge
exhibit d
head of the family
family
alhaji salisu ajani fabukade obidairo
instrument exhibit d
member of the family
parcel of land
family property
matter of inference
virtue of section
adjudged property of the plaintiff
beautiful work of proper finding
cross examination
deed of lease exhibit d
evidence of the root of title
evidential value of exhibit d.
exhibit d null
fabukade obidairo family
fabukade owolabi obidairo
family property of fabukade obidairo
favour of the plaintiff
following facts
following issues
head of fabukade obidairo family
history of the land
leading judgment
main thrust of the grounds of appeal
members of obidairo family
name salisu ajani fabukade obidairo
nemo dat quod
no.3 fabukade street
notices of appeal
numerous occasions
owner of the land
pats-acholonu
piece of land
presiding judge
proper consideration
registrable instrument
said property
sogunle lagos state of nigeria
subject matter of the action
such term
supreme court
virtue of exhibits a

PATS-ACHOLONU, J.C.A. (Delivering the Leading Judgment): By a writ of summons dated 5/4/82, the plaintiff now the respondent claimed as follows from the defendant/appellant:

1. Injunction restraining the defendant and or his agents from further trespassing on the piece of land and the 16 rooms and one shop building thereon known as No. 21 formerly No.3 Fabukade Street, Sogunle Lagos State of Nigeria, the adjudged property of the plaintiff as per judgment in suit No. ID/369/78 in favour of the plaintiff.

2. ₦2,600 special and general damages for trespass on the said property.

The respondent had pleaded, and given evidence of the root of title to the subject matter of the action by tracing the devolution of title to one Alhaji Salisu Ajani Fabukade Obidairo who he stated sold the land to him between 1974 and 1975 and for which he paid by instalments. Sometime in 1981, he saw the defendant illegally on the land and despite warnings he continued to constitute himself into a trespasser. Th…

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