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

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…

IGE V. FAGBOHUN

IGE
V.
FAGBOHUN