BELLO
V.
KARIMU

(2011) JELR 46063 (CA)

Court of Appeal · CA/I/82/2005 · 12 Dec 2011 · Nigeria

CORAM

STANLEY SHENKO ALAGOA (OFR) Justice of The Court of Appeal of Nigeria ADZIRA GANA MSHELIA Justice of The Court of Appeal of Nigeria MODUPE FASANMI Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

plot of land

judgment of an ota high court

learned trial judge

entire olunloye family of ota vide

case of idundun vs. okunmagba

first defendant

counsel opeyemi gbadebo

native law

court claims

part of the land

lower court

n.w.l.r. part

leading judgment

karimu okoosi

acts of possession

case of olabanji vs. omokewu

ogun state

consequential damages

s.c.n.l.r. page

evidence of the respondent

portion of the family land

paragraph c

paragraphs g

2nd defendant

fact of the partition

brief facts

special damages

favour of the respondent

evidence

evidence of 2nd p.w. raji aboleja

title of the family

said karimu okoosi

case of cole vs. folami

family member

evidence of the plaintiff

award of special damages

corner-piece

purchase price

case file

issuance of a receipt

respondent

page

karimu okoosi branch of the olunloye family

following conditions

death of karimu okoosi

appellant

MODUPE FASANMI J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of an Ota High Court, Ogun State delivered on the 11th of November 2004 in suit No. HCT/265A/98.

The brief facts culminating in this appeal are as follows:

The Appellant is the first Defendant in the Court below and the 2nd Defendant is said to have died during the proceedings.

The Plaintiff now Respondent in this court claims against the Defendants at the lower court for:

(a) Declaration that the Plaintiff is entitled to a Statutory Right of Occupancy over a plot of land situate, lying and being at Ajala Close, Temidire, Sango Ota, Ogun State which is more particularly described on survey plan number GRA1322 of 13th October, 1979 drawn by Alhaji R. Kadiri Licensed Surveyor;

(b) N194,800.00 (One Hundred and Ninety Four Thousand Eight Hundred Naira) as special, general and consequential damages for trespass committed by the Defendants on the Plaintiff's land;

BELLO V. KARIMU

BELLO
V.
KARIMU