(2005) JELR 45181 (SC)    

Supreme Court  ·  SC.84/1993 ·  8 Apr 2005 ·  Nigeria
Other Citations
Balogun v. Akanji (2005) 10 NWLR (Pt.933)394 (2005) 3-4 S.C 95 (2005) 3-4 S.C 95
Balogun v. Akanji (2005) 10 NWLR (Pt. 933) 394
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria
Core Terms Beta
declaration of title
2nd defendant
trial court
acts of possession
possession of the land
ojo ajani
trial judge
1st appellant
better title
5th defendants
court of appeal
statement of claim
permission of the plaintiffs
2nd defendants
above passage
findings of fact
leading judgment
learned trial judge
order of account of the acts
order of perpetual injunction
parcel of land
piece of land
portion of the said house
said landed property
such evidence
support of the traditional history
above piece of evidence shows
area of the land law
basis of the above findings
declaration of title fails
family house
further acts of trespass
ibadan high court
madam sangobunmi atinuke taiwo
own statement of defence
possession of the generation of the present plaintiffs
possession of the parcel of land
relevant facts
representatives of the oni family
said judgment
solitary issue
tons of cement
various acts of ownership

OGUNTADE, J.S.C. (Delivering the Leading Judgment) The respondents in this appeal were the plaintiffs before the Ibadan High Court; where they claimed as the representatives of the Oni family against the appellants, as the defendants, the following reliefs:

"(a) Declaration of title and/or the right to occupy the piece of land together with the building thereon consisting of twelve rooms situate at SW21276 Obe's compound, Isalejebu, Ibadan.

(b) The sum of N10,000.00(Ten Thousand Naira) being, special and general damages for trespass committed by the defendants on the plaintiffs' landed property made up as follows:-

Special Damages

i. 9 bundles of iron-sheet removed

at 160.00 each 1,440.00

ii. Costs of planks destroyed 492.00

iii. Carpenter's workmanship 150.00

iv. 15 tons of cement

at 200.00 per ton 3,000.00

v. 500 cement

blocks at 2.00 each 1,000.00

vi. 15 Loads of sand

at 30.00 each 450.00

vii. 45 'wooden frames

3"x 4"x 12" at 5.00 each 225.00

viii. 8 wooden doors

at 50.00 eac…

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