(2002) JELR 44653 (SC)    

Supreme Court  ·  SC.173/1997 ·  12 Apr 2002 ·  Nigeria
Other Citations
Ewuoso v. Fagbemi (2002) 7 NWLR (Pt.767) 562 (2002) 4 S.C (Pt.II) 55
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
exhibit e
identity of the land
disputed land
learned trial chief judge
1st plaintiff
learned chief judge
identity of their land
learned justices
chief judge
high court
proper order
said land
statement of claim
leading judgment
learned justices of appeal
portion of their land
traditional evidence of the respondent
1st plaintiff n200.00
a. b. wali
a. i. katsina-alu
amended plan
appropriate order
evidence of traditional history
facts of this case
following effect
following reasons
grounds of appeal
i. l. kutigi
judgment of the trial court
lead judgment of azaki
leave of court
leave of the court of appeal
local government area
lordships of the court of appeal
lower court
mr. banji akinhanmi
ogun state
ogun state of nigeria
parcel of land
plan no. gcs
said plan
sokori abeokuta
specific findings
trial court
u. a. kalgo

M. E. OGUNDARE, J.S.C. (Delivering the Leading Judgment): By a writ of summons issued in May 1982 (and as subsequently amended) the plaintiffs (who are now appellants before us) sued the defendant (now respondent) claiming:

"(a) a declaration that they are the persons entitled to a right of occupancy over a piece or parcel of land situate, lying and being at Sokori Abeokuta, Ogun State of Nigeria verged green excluding the area sold to Kamoru Tijani Olaiya demarcated and verged black in the amended Plan drawn by Mr. Banji Akinhanmi - Licensed Surveyor.

(b) N200.00 (Two Hundred Naira) damages for trespass committed by the defendant on the said land.

(c) Injunction to restrain the defendant, his agents, servants and privies from further trespassing on the said land."

Pleadings were ordered, filed and exchanged. With leave of court the plaintiffs subsequently filed an amended writ of summons, statement of claim and plan. The case proceeded to trial at the conclusion of which the learned …

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