(1989) JELR 50556 (SC)    

Supreme Court  ·  SC.125/1987 ·  12 May 1989 ·  Nigeria
Other Citations
Makanjuola v. Balogun (1989) NWLR (Pt.108) 192
KAYODE ESO Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria EBENEZER BABASANYA CRAIG Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
bello adediran
declaration of title
learned trial judge
elere stream
native law
trial court
different names
traditional evidence
1st defendant
further acts of trespass
2nd appellants
customary court
findings of fact
plaintiffs case
possession of a parcel of land
vicinity of the land
aforesaid land
amended statement of claim
evidence of the 10th p.w. ogunnihun ajeigbe
grounds of appeal
judgment of the court
judgment of the ibadan no.3 grade
ownership of land
parcel of land
particular point
pieces of evidence show
plan no. kesh
tenant of the ancestor of the 2nd defendant
time bello adediran
brief of argument
conclusions of the learned trial judge
customary court of trial
end of the trial
evidence of acts of possession
high court of justice of oyo state
judgment of the court of appeal
land dispute
leading judgment
leave of the trial court
members of the said family
portions of the oral testimonies of respondent
said bello adediran
sale of the land
see abinabina v
taking of evidence

WALI, J.S.C. (Delivering the Leading Judgment): In the High Court of Justice of Oyo State of Nigeria. Ibadan Judicial Division, the plaintiff sued the defendants jointly and severally asking for the following reliefs:-

"1. Declaration of title under Native Law and Custom to all that piece or parcel of land, situate, lying and being at Elere Stream, Igbo-Elere, Ibadan.

2. One Hundred Naira (N100.00) being damages for continuing trespass committed by the 1st defendant on the plaintiff's land, situate, lying and being at fgbo Elere Stream Ibadan, sometime in May, 1977.

3. An Order for injunction restraining the defendants, their servants or privies and/or agents from committing further acts of trespass on the aforesaid land."

Pleadings were ordered, filed and exchanged and issues joined. Before the taking of evidence commenced, the plaintiff, by leave of the trial court, filed an Amended Statement of Claim and in paragraph 26 thereof he asked for the following reliefs:-

"I. Declaration …

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