(2011) JELR 46063 (CA)    

Court of Appeal  ·  CA/I/82/2005 ·  12 Dec 2011 ·  Nigeria
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 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
purchase price
case file
issuance of a receipt
karimu okoosi branch of the olunloye family
following conditions
death of karimu okoosi

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;

(c) Perpetual injunction restra…

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