DAKAN
V.
ASALU

(2015) JELR 51093 (SC)    

Supreme Court  ·  SC/64/2005 ·  15 May 2015 ·  Nigeria
 · 
Other Citations
Dakan v. Asalu (2015) 13 NWLR (Pt. 1475) 47
CORAM
JOHN AFOLABI FABIYI JSC (Presided) CLARA BATA OGUNBIYI JSC KUDIRAT M.O. KEKERE-EKUN JSC JOHN INYANG OKORO JSC CHIMA CENTUS NWEZE JSC ( Read the Lead Judgment)
Core Terms Beta
appeal
lower court
order
respondents
appellants
november
application
additional grounds of appeal
court of appeal
brief of argument
extension of time
want of prosecution
appellant’s brief
said application
lead judgment
sole issue
appellants’ brief
court of appeal rules
notice of appeal
said appeal
said court
trial court
nweze jsc
respect of an appeal
above ruling of the lower court
appropriate time
ogun state
respondents’ application
appeal of the respondents
determination of this appeal
earlier ruling of the said court
favour of the appellants
high court of justice
material time
present appeal
above submissions of the appellants
amudatu abolore
appellants’ brief leave
applicants’ motion
considered judgment
final decision
following orders
instructive words of mohammed jsc
learned counsel
lower court’s reasons
much ado
respect of the land
respondents’ case
rules of the lower court
said land

NWEZE JSC (Delivering the Lead Judgment): The respondents in this appeal (as plaintiffs), on behalf of themselves and the Osolo royal family, took out a writ of summons against the appellants herein (as defendants) at the High Court of Justice, Ogun State, Holden at Abeokuta. They (the respondents, as plaintiffs) claimed against them (appellants, as defendants), jointly and severally as follows: 1. Declaration that the plaintiffs are entitled to Certificate of Occupancy in respect of the land situate, lying and being at Osi Quarters Otta, Egba Division, Ogun State ; N100,000.00 (one hundred thousand naira) damages from each of the defendants for trespass committed on the said land by clearing and constructing building thereon without the consent of the plaintiffs; An injunction against the defendants jointly and severally restraining themfrom enteringthe said land and doing anything thereon without the consent of the plaintiffs. A Issues were duly joined in the settled pleadings. At…

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