LADIPO & ORS.
V.
AJANI & ANOR

(1997) JELR 40283 (SC)    

Supreme Court  ·  SC.47/1991 ·  18 Jul 1997 ·  Nigeria
 · 
Other Citations
Ladipo v. Ajani (1997) 8 NWLR (Pt.517)356
CORAM
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
land
plaintiffs
evidence
1st defendant
defendants
learned trial judge
exhibit q
court of appeal
survey pillars
2nd defendant
better title
federal government
16th july
exhibit b
exhibits k
favour of the plaintiffs
j.s.c
said land
trial
alhaji raji laniyan
appeal court
documentary evidence
exhibit j
further acts of trespass
judgment of the high court
leading judgment
possession of the land
set aside
common consent
customary tenants of ogunmola family
decision of the court of appeal
different parcels of land
established principle of law
exhibits f. l
gbadamosin laniyan
high court of justice holden
i. l. kutigi
important issue
lead majority judgment
learned trial judge inter alia
main issue
parties claim title
plaintiffs claim
pleadings of the parties
reserved judgment
separate deeds of conveyance
s. u. onu
traditional story

I. L. KUTIGI, J.S.C. (Delivering the Leading Judgment): In the High Court of Justice holden at Ibadan, the plaintiffs claim as follows:

"(a) Special damages

(i)Cost of replacing Survey Pillars destroyed

=N5,000.00

(ii)200 Trees of Oranges at N5.00 each

1,000.00

(iii)150 Trees of Cocoa at N10.00 each

=1,500.00

(iv)20 Palm Tress at N3.00 each

=60.00

(v)20 Pawpaw Trees at N2.00 each

=40.00

(vi)240 Tipper lorries of laterite at N10 each

-2,400.00

(b)General damages

=5,000.00

TOTAL = N15,000.00

(c) An order of perpetual injunction restraining the defendants, their servants, agents and or privies from committing further acts of trespass on the said land."

After the filing and exchange of pleadings between the parries the case proceeded to trial. At the trial seven witnesses testified for the plaintiffs while the defendants called eight witnesses.

The case for the plaintiffs was simply that one Anla Apako originally settled on the land in dispute. After his death the land was inheri…

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