(1999) JELR 45751 (CA)    

Court of Appeal  ·  CA/L/141/89 ·  7 Jul 1999 ·  Nigeria
Other Citations
Dehinsilu v. Olowu (1999) 12 NWLR (Pt. 632) 641
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
trial judge
order of forfeiture
statement of defence
customary tenant
declaration of title
forfeiture of customary tenancy
parcel of land
suit no. ik
supreme court
amended statement of claim
erring tenant
following reliefs
grant of relief
learned trial judge
respect of the area
son of ijaolu
above statement of the supreme court
better position
case of ladega v
claims of the defendants
common ground
cross appeal
cross-appellants claim
customary tenant of the defendants family
forfeiture of the defendants customary tenancy
forfeiture of their customary tenancy
further acts of trespass
grant relief
greatest importance
helpful starting point
leading judgment
oguntade j.c.a.
own defence
plaintiffs appeal
portions of the plaintiffs
possession of the said land
proper procedure
recovery of possession of the land
said land
such forfeiture
suit of the plaintiffs
support of their claim
trial court

OGUNTADE J.C.A. (Delivering the Leading Judgment): In Suit No. IK/80/71, the Respondents as Plaintiffs claimed against the Appellant as the Defendants the following reliefs:

"1. Declaration of Title according to Native Law and Customs to all that piece and parcel of land situate lying and being at Oluwo village near Igbogbo in Ikorodu Division of Lagos State.

2. ? 100 (One Hundred Pounds) being damages for trespass to the said land.

3. Recovery of possession of the land."

In another Suit No. IK/65/73, the Appellants were the Plaintiffs and they claimed against the Respondents who were the Defendants the following reliefs.

"1. A Declaration of Title under Native Law and Custom to all that parcel of land at Oluwo Village and at Elepe Village shown on the plan filed herein and thereon edged Pink.

2. Forfeiture of the Defendants Customary Tenancy in respect of the area edged yellow on the plan filed herewith.

3. Possession of the said land edged yellow as aforesaid.

4. An injunction rest…

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