Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



DANDAWI
V.
OLAJUYIN

(2014) JELR 57858 (HC)    

High Court  ·  HAD/37/06 ·  3 Apr 2014 ·  Nigeria

Ratio Decidendi

Core Terms Beta
court
senior counsel
ado ekiti
open space
alhaji jamiu dandawi
member of asa family
cross-examination
senior advocate
acts of trespass
chief asa’s house
long possession
suit no. ca
adebolu compound
ado-ekiti
chief asa
yusuf ogunrinde
2nd plaintiff
chief makanjuola esan
daughter of ewi aroloye
folake adebolu
high court
law’s house
palace of ewi of ado
traditional chief
additional witnesses
alhaji rasidi dandawi
asa family land
chief odogun family
chieftaincy title of that chief
custom of ado people
descendant of ewi oba aroloye
front of his house
high chief of ewi of ado
issue of joint ownership
late father
law’s family
member of the royal family
members of asa family
olu ilokun family
order of perpetual injunction
plaintiff’s claim
plaintiff’s land
plaintiffs’ land
said ado custom
said recommendation
senior chiefs
then governor of ekiti state
type of use

DARAMOLA CJ (Delivering the Judgment): The plaintiff’s claim against the defendants jointly and severally is as follows:

1. 2 million general damages for the acts of trespass committed and still being committed by the defendants on the plaintiffs’ land situate at Opposite Okesa Market, Ado-Ekiti.

2. An order of perpetual injunction, restraining the defendants, their agents, servants or privies from further committing acts of trespass on the plaintiff’s land.

Pleadings were ordered and duly exchanged. This action has had a chequered history. When it was first filed and was being tried in another court before it was transferred to this court, there were two plaintiffs. The 2nd plaintiff had since died, leaving only one plaintiff. No order of substitution was sought and none was granted. The plaintiff testified and called four additional witnesses.

Alhaji Rasidi Dandawi, an Islamic cleric, is the plaintiff in this matter.

He knew Folake Adebolu who was the 2nd plaintiff in this matter but …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login