(1996) JELR 46119 (SC)    

Supreme Court  ·  SC.207/1992 ·  4 Jun 1996 ·  Nigeria
Other Citations
Ipinlaiye II v. Olukotun (1996) 6 NWLR (Pt.453) 148
Ipinlaiye II v. Olukotun (1996) 6 NWLR (Pt. 453) 148
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
traditional evidence
learned trial judge
subsequent trial
decision of the trial court
exhibit a
parcel of land
exhaustive review of the evidence
court of appeal
civil cases
behalf of the appellant
admissible evidence
said court of appeal
said piece of land
leading judgment
quo inspection
observations of the learned trial judge
cross-examination of the plaintiff
view of the appellant
admissibility of exhibit a
learned justices of the court of appeal
chief j.o.a. adebo
made ante litem motam
decision of the court of appeal
following ways
evidence showing
such evidence
appellant of the ownership of the land
substitution of evidence
rules of this court
ekiti judicial division of the high court of justice
ondo state
further acts of trespass
admissibility of the document
present case
behalf of the entire igasi community
personal observations
parts of the land
trial court
lower court
unanimous judgment
presence of the parties
consent of both counsel
late chief omonusi
coffee plantations
various acts of ownership
inadmissible evidence

IGUH, J .S.C. (Delivering the Leading Judgment): In the Ekiti Judicial Division of the High Court of Justice, Ondo State, the plaintiff, who is now appellant, for himself and on behalf of the entire Igasi community instituted an action against the defendant, now respondent, for himself and on behalf of the entire Ahan community, claiming as follows-

"(a) Declaration of title to a piece or parcel of land situate, lying and being at ULOGO FARMLAND in IGASI-AKOKO Division.

(b) N600.00 general damages for trespass committed by the defendants and their agents on the said piece of land.

(c) An injunction restraining the defendants and/or their agents from committing further acts of trespass on the said piece of land."

Pleadings were ordered in the suit and were duly settled, filed and exchanged.

At the subsequent trial, both parties testified on their own behalf and called witnesses. The learned trial Judge, Ogundare, J. as he then was, at the conclusion of the addresses of learned couns…

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