IYANDA & ORS.
V.
LANIBA II & ORS.

(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

CORAM

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

appellants

respondents

learned trial judge

issues

plaintiffs

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

counter-claims

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…

IYANDA & ORS. V. LANIBA II & ORS.

IYANDA & ORS.
V.
LANIBA II & ORS.