(2007) JELR 44222 (CA)    

Court of Appeal  ·  CA/I/147/05 ·  29 Nov 2007 ·  Nigeria
MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
statement of claim
1st june
deed of conveyance
preliminary objection
said land
said deed of conveyance
trial of this action
learned trial judge
accredited members of kure awojobi family
consent of the plaintiff
favour of the plaintiff
kure awojobi family of isale-osi
laws of oyo state of nigeria
limitation law cap
oyo state high court
arguments of counsel
challenge ibadan
considered ruling dated 20th december
crown chemist ltd building
extension of this appeal
extent incompetent
legal owner of the land
paragraph affidavit
raise complaints
respect of the piece of land
said action
see woherem
such paragraph
suit no.
support of the appeal
trial of the action
understanding of the issues

M.D MUHAMMAD, J.C.A (Delivering the Leading Judgment): The Appellant in this appeal, being the Plaintiff in suit No. 1/435/2004 at the lower court, Oyo State High Court, claimed some declaratory and injunctive reliefs against the Respondent herein who was the Defendant. The action was in respect of the piece of land situate and lying near Crown Chemist Ltd building opposite Kejide Hospital Road at Challenge Ibadan. A further relief the said action was for a N1,000:00k damages for the Respondent's trespass into the land in dispute occasioned sometimes in August 2002.

Paragraphs 3, 4, 6 and 7 of Appellant's statement of claim are crucial to our understanding of the issues canvassed at the lower court and by extension of this appeal. The paragraphs are for that reason hereunder reproduced.

"(3) The Plaintiff purchased the said land in dispute from Kure Awojobi family of Isale-Osi, Ibadan with Deed of Conveyance dated 1st June, 1973 and registered as No. 18, page 18 volume 1591 which is h…

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