(2012) JELR 49284 (CA)    

Court of Appeal  ·  CA/I/178/08 ·  11 Dec 2012 ·  Nigeria
M.B. DONGBAN-MENSEM Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria
Core Terms Beta
identity of the land
learned trial judge
1st defendant
supreme court
learned counsel
appellate court
declaration of title
lower court
decision of the learned trial judge
madam deborah adebayo
power of attorney
burden of proof
composite plan exhibit
deborah adebayo
decision of the trial court
general damages
high court
purchase of the land
survey plan no. asr
amendment statement of claim
award of the sum of n500,000.00
ben equere avenue ogunlowo village
briefs of the parties
case of the respondent
counter claim
decided cases of the supreme court
entire piece
facts of this appeal
favour of the respondent
further acts of trespass
judgment of the trial court
leading judgment
learned counsel of the appellant
learned trial court judge
method of proof of ownership
name of mr. a. olufemi lukan
paradise street asore village
parcel of land consisting
plan no. sbs
record exhibits
respect of the land
said plaintiff
satisfaction of the trial court
special damages
suit of the respondent
sum of n1

M.B. DONGBAN-MENSEM, J.C.A (Delivering the Leading Judgment): This appeal emanates from the decision of the Hon. Justice A.O. Asenuga of the Ogun State High court Holden at the Otta Judicial Division. The judgment of the trial court was delivered on the 16th day of October, 2007 in favour of the Respondent as plaintiff and against the Appellant as defendant. The parties shall be referred to in this judgment as the Appellants and Respondents.

The facts of this appeal are rooted in suit of the Respondent taken out at the High court as noted above. The Respondent sought three reliefs, the details of which were eventually conveyed in an amendment statement of claim. The reliefs are:-

1. A Declaration that the plaintiff is entitle to the Statutory Right of Occupancy in respect of all that entire piece or parcel of land consisting of the two plots situate, lying and being at No. 1, paradise street Asore Village, Akute in Ifo Local Government Area of Ogun State covered by plan No. SBS/162/O…

There's more. Sign in to continue reading. is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login