Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



BALOGUN
V.
AFOLAYAN

(2001) JELR 51196 (CA)    

Court of Appeal  ·  CA/I/133/98 ·  24 May 2001 ·  Nigeria
CORAM
SUNDAY AKINOLA AKINTAN, JCA ( Presided ) DALHATU ADAMU, JCA ( Read the Lead Judgment ) FRANCIS FEDODE TABAI, JCA

Ratio Decidendi

Core Terms Beta
lead judgement
plea of issue estoppel
oyo state high court
trial court
exhibit pl
said issues
holding of the learned trial judge
said notice of appeal
exhibit p5
decision of the trial court
above claims
issue estoppel
previous case
native law
appellant’s brief
present appeal
present suit
virtue of exhibit d.14
emiola amusa adeleke
agent of alhaji e. a. adeleke
applicability of the plea of issue estoppel
issues
evidence of the 3rd dw
such materials
exhibits p2
acts of ownership
res judicata
earlier judgment
parcel of land
dispute a
facts of the case
respondent’s brief
exhibit d.14
statement of claim
default judgment
appellant’s claims
following orders
realization of this point
chief saka owoade
name rashidi bolaji
respondent
said grant
learned trial judge
order of perpetual injunction
rem judicata
case
land
lower court
above principle

ADAMU, JCA (Delivering the Lead Judgement): The plaintiff/appellant (hereinafter simply called “the appellant”) instituted an action at the Oyo State High Court, Ibadan against the defendant/respondent (also hereinafter simply called “the respondent”) claiming for:

(i) A sum of One hundred Naira (₦100.00) being damages for trespass committed by (the respondent) on (the appellant’s) land at Olopeworoko near Ibadan Grammar School, Ibadan, Oyo State when he built a house on the land in dispute A sometime in 1995 and now lives therein.

(ii) An order of perpetual injunction restraining (the respondent), agents, servants and or privies from further entering on the parcel of land in dispute and which is shown on Plan No. KESH/OY/167/97/62.

On the above claims, pleadings were ordered, filed and exchanged.

The appellant filed a statement of claim and a reply to the statement of defence while the respondent filed a statement of defence. The case proceeded to hearing at the end of which learned coun…

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