(2003) JELR 44792 (SC)    

Supreme Court  ·  SC.17/1999 ·  11 Apr 2003 ·  Nigeria
Other Citations
Morenikeji v. Adegbosin (2003) 8 NWLR (Pt.823)612 (2003) 4 S.C (Pt.I) 107 (2003) 4 S.C (Pt.I) 107
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
trial court
recent years
traditional history
parcel of land
possession of the land
lower court
learned trial judge
decision of the trial court
evidence of traditional history
balogun oderinlo
members of the delesolu family
aladun ile titun village
death of delesolu
decision of this court
following orders
issue estoppel
judgment of the trial court
leading judgment
mother of morenikeji
oyo state
pleadings of the parties
said piece
appropriate applicable law
behalf of the morenikeji family of ibadan
brothers of full blood
claim of the plaintiffs
conclusion of hearing of the appeals
concurrent findings of fact
decision of the learned trial judge
descendants of the said delesolu
direct descendants
evidence of traditional history of the defendants
grant of a large parcel of land
ibadan judicial division of the high court of justice
life time
personal property of delesolu
present appeal
previous judgment
proof of their claims
recent acts of possession
review of the evidence
said oderinlo
starting point
subsequent trial
various traditional histories

A. I. IGUH, J.S.C. (Delivering the Leading Judgment): By a writ of summons issued on the 14th day of January, 1985, the plaintiffs, for themselves and on behalf of the Morenikeji family of Ibadan in Oyo State instituted an action jointly and severally against the defendants at the Ibadan Judicial Division of the High Court of Justice, Oyo State claiming as follows:

"(1) Fifteen Thousand Naira (N15,000.00) being damages for trespass committed by the defendants, their servants and agents in that piece or parcel of land, situate, lying and being at Aladun Ile Titun village, Ife Road, Ibadan in Oyo State of Nigeria in 1984 which land is more particularly described and delineated on a plan to be filed later in this case.

(2) Injunction restraining the defendants, their servants, agents, privies or anyone claiming through them, from committing any or further acts of trespass on the said piece or parcel of land."

Pleadings were ordered in the suit and were duly settled, filed and exchanged.

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