IGE
V.
FAGBOHUN

(2001) JELR 57767 (CA)    

Court of Appeal  ·  CA/1/14/98 ·  25 Apr 2001 ·  Nigeria
CORAM
SUNDAY AKINOLA AKINTAN, JCA (Presided) FRANCIS FEDODE TABAI, JCA OLUFUNLOLA OYELOLA ADEKEYE, JCA (Read the Lead Judgment)
Core Terms Beta
pg
dispute
defendants
respondents
evidence
plaintiffs
title
learned trial judge
trial court
claims
oniyemoja family
statement of claim
root of title
disputed land
favour of the respondents
parcel of land
traditional evidence
occupation of the land
olukola oganla
plaintiffs family
said land
further acts of trespass
original settlement
boundary dispute
cause of action
claim fails
considered judgment
court of first instance
favour of the oganla family
first time
following succeeding bales of ibadan
following terms
half brother ige
high court of oyo state
ibikunle family of ayeye
issues of title
lead judgment
members of the oganla family
order of court
ownership of the area
paragraphs a-d
paragraphs b-c
paragraphs d-h
paragraphs h-a
portion of the land
respondents’ claims
root of such title
scnj pg
survey plan

ADEKEYE, JCA (Delivering the Lead Judgment): The cause of action in suit No 1/131/72 at the High Court of Oyo State, Ibadan Judicial Division coram Adeyemi J (as he then was) as extracted from the endorsement on the writ of summons filed on 29th March, 1972 and amended on 1st June, 1983, read as follows:-

N2000, annually for use and occupation of the land in dispute , known as NW4/57 Lemomu Street Ekotedo, Ibadan from 1972 until possession is given up.

The sum of N400 general damages for trespass committed by the defendants on the said land. An injunction restraining the defendants, their agents, servants and privies from committing any further acts of trespass on the land. The annual rental value is N40.00. Both parties filed and exchanged pleadings. At the trial before the court of first instance, the plaintiffs, for themselves and other members of the Oganla family claimed ownership of the area and parcel of land verged red in the Survey Plan - CK/170C/72 admitted in evidence as Ex…

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