(1997) JELR 45479 (SC)    

Supreme Court  ·  SC.227/1990 ·  2 May 1997 ·  Nigeria
Other Citations
Eboade v. Atomesin (1997) 5 NWLR (Pt.506) 490
Eboade v. Atomesin (1997) 5 NWLR (Pt. 506) 490
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
trial court
court of appeal
identity of the land
traditional history
root of title
trial judge
atomesin compound
leading judgment
high court
parcel of land
plan no. fa
said atomesin family
traditional evidence
decision of the high court
further acts of trespass
lead judgment
learned counsel
name of atomesin family
own views
pleaded settlement
said land
said parcel of land
witness box
2nd february
above principle
chief adepoju
common ground
decision of the trial court
disputed land
findings of the trial court
following passage
i. l. kutigi
judgment of the court of appeal
judgment of the learned trial judge
light of recent facts
m. l. uwais
proper evaluation of the evidence
property of the defendants
reserved judgment
rules of court
s. m. a. belgore
s. u. onu
traditional histories of the parties
trial of the suit

I. L. KUTIGI, J.S.C. (Delivering the Leading Judgment): The plaintiffs' claims against the defendants jointly and severally are contained in para. 39 of the Amended Statement of Claim. They read as follows -

"(a) Declaration to a Statutory Right of occupancy to that piece or parcel of land situate, lying and being at Atomesin Compound, Nalende, Ibadan shown on plan No. FA 2821 drawn by Mr. A O. Adebogun licensed Surveyor on 2nd February, 1983.

(b) The sum of One Thousand Naira (1,000.00) being general damages for trespass committed by the defendants, their servants and agents on the said parcel of land on 20th day of February, 1983.

(c) An order of injunction restraining the defendants, their servants, agents privies or anyone claiming through them from committing any further acts of trespass on the said parcel of land."

The parties filed and exchanged pleadings. The defendants' Statement of Defence and counter-claim contained a counter-claim in para. 41 thus -

"Wherefore the defend…

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