(2002) JELR 44562 (CA)    

Court of Appeal  ·  CA/I/153/91 ·  21 Jan 2002 ·  Nigeria
Other Citations
Iyanda v. Laniba II. (2003) 8 NWLR (Pt.801)267
MORONKEJI OMOTAYO ONALAJA Justice of The Court of Appeal of Nigeria FRANCIS FEDODE TABAI Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
local government
locus standi
evidence act
statement of claim
statement of defence
brief of argument
record of appeal
documentary evidence
learned counsel
lower court
exhibit a
findings of the learned trial judge
leave of this court
rules of brief writing
3rd plaintiffs
amended pleadings
appellate courts
awe-iwo road
completion of trial
conclusive proof of the fact
course of trial
declaration of a customary right of occupancy
denial of the plaintiff
eleranko area
forfeiture of the customary tenancy of the defendants
high court rules of oyo state
issue of locus standi of respondents
issue of the locus standi
leading judgment
legal representation
light of the evidence
local government map
map of oba hills forest reserve
notice of preliminary objection
omnibus ground
parcel of land
plaintiffs claim
possession of the said land
printed records of appeal
rules of this court
said land
sufficient evidence
trite law

ONALAJA, J.C.A. (Delivering the Leading Judgment): The plaintiffs for themselves and on behalf of Awe Community, commenced and issued a writ of summons in a representative capacity for themselves and on behalf of Awe Community against the defendants, jointly and severally. After service of the writ of summons on the defendants, they entered appearances and had a joint legal representation. Pleadings were filed, exchanged, delivered and amended with trial concluded on the amended pleadings, which are referred to as statement of claim, statement of defence and counterclaim, reply to statement of claim and defence to counter-claims.

In paragraph 43 of the statement of claim, the plaintiffs claimed as follows:-

"43. Wherefore the plaintiffs claim against the defendants:-

(i) Forfeiture of the customary tenancy of the defendants on the land in dispute for the denial of the plaintiff's right on the land and for misconduct;

(ii) Declaration that the plaintiffs are the persons entitled on beh…

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