BANKOLE & ORS
V.
EMIR INDUSTRIES LTD

(2012) JELR 39073 (CA)    

Court of Appeal  ·  CA/I/177/07 ·  30 Nov 2012 ·  Nigeria
CORAM
MONICA B. DONGBAN-MENSEM Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellants
land
disputed land
exhibit a
overseas united distillers ltd
customary law
exhibit f
overseas united distillers limited
unincorporated body
overseas united distillers
ogbe alagbe family
disputed piece of land
exhibit d
trial judge
incorporation contract
third parties
allied matters act
names of the witnesses
documents of title
exhibit a.
ogun state
sale agreement
trial court
amended reply
claim of transfer of the land
construction of a factory building
disputed portion of land
evidence of dw1
exhibit c
exhibit s inspite of the state of pleadings
favour of the respondent
further acts of trespass
issue of the validity of the purchase
judgment of the high court of justice
leading judgment
local government area of ogun state
offspring of ogbe alagbe family
overseas united distillers nigeria ltd
overseas united distillers nigeria ltd.
ownership of the land
possession of the disputed land
receipt of purchase
record of appeal
said burden of proof
vide exhibit

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal is against the judgment of the High Court of Justice of Ogun State holden at Ota (the court below) which awarded N1 Million general damages against the appellants in favour of the respondent for trespass into the respondent's parcel of land located along Idiroko/Iju road in Ado-Odo/Ota Local Government area of Ogun State. A permanent injunction was also granted restraining the appellants from committing further acts of trespass on the disputed portion of land; while the appellants' counter-claim for the setting aside of respondent's documents of title over the disputed land was dismissed by the court below.

The respondent's case as plaintiff in the court below was that Ogbe Alagbe family sold the land in dispute to Overseas United Distillers Limited in 1976, evidenced by a receipt of purchase, Exhibit A. That the appellants are offspring of Ogbe Alagbe family. Later in 1983, Ogbe Alagbe family issued a sale a…

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