JAIYEOLA
V.
ABIOYE

(2002) JELR 44558 (CA)    

Court of Appeal  ·  CA/I/121/93 ·  22 May 2002 ·  Nigeria
 · 
Other Citations
Jaiyeola v. Abioye [2003] 4 NWLR (Pt.810)397
Jaiyeola v. Abioye (2003) 4 NWLR (Pt. 810) 397
CORAM
SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria MORONKEJI OMOTAYO ONALAJA Justice of The Court of Appeal of Nigeria DALHATU ADAMU Justice of The Court of Appeal of Nigeria
Core Terms Beta
plaintiff
partition
learned trial judge
lead judgment
instant case
members of the family
trial court
n3,500 costs
inter alia
leave of this court
first issue of arulogun
ibadan high court
line of the arulogun family
original grounds of appeal
statement of claim
alleged grant
appeal court holds
case of the plaintiff
consideration of the case
course of his evidence
court partition of arulogun family land
decision of the learned trial judge
established principle
finding of fact
following orders
general use
grand-children of arulogun
head of the arulogun family
large parcel of land
leading judgment
member of arulogun family
n10,000 damages
n3,500.00 cost
order of dismissal of the plaintiff
oyagbirin line of arulogun family
requirement of the law
respect of the learned trial judge
said arulogun
said exercise
said land
such partition
suit no.
support of the plaintiff
theophilus jaiyeola
unanimous decision
view of the evidence

AKINTAN, J.C.A. (Delivering the Leading Judgment): The appellant, Theophilus Jaiyeola, was the plaintiff, while the respondent, Olaojo Abioye, was the defendant in this action, instituted at Ibadan High Court as suit No. I/501/85. The dispute that led to the institution of the action was over a large parcel of land, situate and being at Olodo village, Off Iwo Road, Ibadan. The plaintiff's claim as set out in paragraph 18 of the further amended statement of claim is as follows:-

(1) N10,000 damages for trespass committed and still being committed by the defendant and or his agents and servants on the plaintiff's land situate at Olodo village Off Iwo Road, Ibadan, as contained in the survey plan No. AT/Y. 1684 prepared by W.T. Adeniyi and Co., Licensed Surveyor.

(2) Perpetual injunction to restrain the defendant whether by himself, his servants or agents or otherwise howsoever from further entry on the said land.

Pleadings were filed and exchanged and the trial took place before Oyekan,…

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