(2006) JELR 49517 (CA)    

Court of Appeal  ·  CA/I/141/96 ·  13 Dec 2006 ·  Nigeria
Other Citations
Ibikunle v. Lawani (2007) 3 NWLR (Pt.1022) p.580
AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria ALFRED PEARSON EYEWUMI AWALA Justice of The Court of Appeal of Nigeria JOHN INYANG OKORO Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
learned counsel
traditional evidence
root of title
great grandfather
grounds of appeal
supreme court
lower court
names of his great grandfather
statement of claim
traditional history
written address
instant case
declaration of title
learned trial judge ought
oba ile
particulars of the intervening owners
whole land
act of possession
acts of trespass
amended notice of appeal
attorney general of bendel state v
claim fails
court viva voce
facts of this case
following cases
grandfather of the plaintiff
half of the whole land
hearing evidence
instance of the plaintiff
intervention of the erstwhile oloba olagunju
leading judgment
oral address
order of perpetual injunction
parcel of land
plaintiff counsel
plaintiffs claims
plaintiffs counsel
position of the supreme court
relevant issues
said land
special cases
survey plan no. os
top lead

OKORO, J.C.A. (Delivering the Leading Judgment): The plaintiff, herein referred to as appellant, claimed against the defendant now respondent in paragraphs 18 (a), (b) and (c) of his amended statement of claim as follows:-

"18 (a) A declaration of title to the farmland lying, situate and being at Oba Ile which is covered by survey plan No. OS/0674/95/039

(b) An order of perpetual injunction restraining the defendant, their (sic) his privies, agents and servants from trespassing on the said land.

(c) The sum of N75,000 (Seventy-Five Thousand Naira) being special and general damages for acts of trespass committed on the plaintiff's farmland by the defendant".

The facts of this case indicate that there is a parcel of land situate at Oba Ile. Both parties are laying claim to it. The plaintiff is claiming the whole lot while the defendant maintains he owns half of the whole land.

The plaintiff surveyed the whole land which survey plan was received in evidence as exhibit P1. The defendant …

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