(2016) JELR 45856 (CA)    

Court of Appeal  ·  CA/L/1145/2011 ·  5 May 2016 ·  Nigeria
SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria JAMILU YAMMAMA TUKUR Justice of The Court of Appeal of Nigeria
Core Terms Beta
evidence act
learned trial judge
exhibit c1
present case
lower court
adekunle coker
oloto royal family
plea of laches
exhibit c15
notice of appeal
above issue
declaration of title
evidence of such substantial compliance
exhibit c
leading judgment
original ownership of the land
parcel of land
registration particulars
sole issue
suit no. ld
briefs of argument
claims of the appellants
cross examination
deputy registrar
documents of title
estate of the late adekunle coker
evaluation of the evidence
facts of the case
favour of the late coker
findings of the learned trial judge
further acts of trespass
head of the oloto royal family
judgment of the court
oloto royal family of lagos
photocopy of the copy
registered copy
registered deed of conveyance
respondent exhibit c15
statutory right of occupancy
time trial
unauthorized activities of the respondent

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Lagos State Coram L. A. Okunnu, J in Suit No. LD/1149/99 delivered on the 5th day April, 2011 dismissing the Appellant's claims for declaration of title to land, damages for trespass and injunction. The appellant as Claimant in the lower Court instituted this action against the Respondent as defendant, seeking as per their Further Amended Statement of Claim dated 20th April, 2010 the following reliefs:

"a. DECLARATION that the Claimant is entitled to customary/statutory right of occupancy in respect of all that piece or parcel of land situate, lying and being at Gbagada in Kosofe Local Government Area of Lagos State known as Nos. 2-6, Ayodele Okeowo Street, Gbagada, Lagos State.

b. The sum of One Hundred Thousand Naira (N100, 000) being damages for trespass committed by the defendants, their servants, agents and/or privies.

c. Perpetual injunction restraining the …

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