(2003) JELR 44779 (CA)    

Court of Appeal  ·  CA/I/6/99 ·  4 Dec 2003 ·  Nigeria
MURITALA AREMU OKUNOLA Justice of The Court of Appeal of Nigeria VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
tract of land
high court
acts of ownership
area of land
favour of the plaintiff
grounds of appeal
kojo ii v. bonsie
learned trial court
provision of section
rural areas
brief of argument
court of first instance
judicial notoriety of a fact
leading judgment
local government area
oke igboho
salatu v. shehu
stool land
urban area
amended statement of claim of the plaintiffs
application of the principles of law
boni of igboho
chief alomo
decision of the learned trial judge
declaratory right of customary possession
evaluation of the facts
evidence of acts of ownership
facts of the case
high court oyo state
historical books
jakuta people
judgment of arasi j
jurisdiction of the customary court
lower court
onigboho of igbobo agoro orelope
prince tondi
proper declaration of customary right of possession
recent decision
representative of alomo chieftaincy family
resolve issue
said ground
said tract of land
statutory occupancy of the plaintiff
younger brother

A.O. OMAGE, J.C.A. (Delivering the leading Judgment): This is an appeal against the judgment of Arasi J; sitting in the High Court Oyo State where on 9th day of January 1998, he delivered the judgment in favour of the plaintiff; respondent in this appeal. In the judgment the learned trial court ordered in favour of the plaintiff the following reliefs;

(A) A declaration that the area of land there in dispute between the plaintiffs and defendant, is in the statutory occupancy of the plaintiff/respondent; that is the area lying and being the tract of land, situates at Oke Igboho, stretching from behind Oke Igboho and other areas traditionally associated with Onigboho of Igbobo Agoro Orelope, Local Government of Oyo State.

The court ordered the sum of N50, 000,00 as damages for continuing trespass on the said tract of land; and an order for perpetual injunction to restrain the defendant/appellant; their servants, agents and privies, and against any person whosoever, who claims through the…

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