ODOFIN
V.
AYOOLA

(1984) JELR 46450 (SC)

Supreme Court · SC.64/1983 · 23 Nov 1984 · Nigeria

CORAM

AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria

Core Terms ^Beta

land

plaintiff

grant

suit no.

appellate judge

court of appeal

boundaries of the land

claim

oni of ife

high court

traditional evidence

declaration of title

present appellant

trial court

evidence of the plaintiff

findings of fact of the court

learned justices of the federal court of appeal

traditional history

claim of plaintiff

claim of the plaintiff

descriptions of the land

evidence of acts of ownership

grade a customary court

ife district

oke-okoko ashipa

present respondent

said akalako

appellant show

case of the respondent

claims of grant of the land

evidence of title

exhibit d

father of the present appellant

following cases

issue of the grant

judgment of the court of appeal

judgment of the ile-ife high court

leading judgment

learned president of the court

names of the boundary men

order of the judge

part of the record of appeal

separate plans

such findings of fact

KARIBI-WHYTE, J.S.C. (Delivering the Leading Judgment): This case has its genesis from Grade A Customary Court, Ile-lfe. A writ of summons was filed on 29/6/59 as suit No. 390/59 by the present appellant as plaintiff, claiming against the defendant a declaration of title in native law and custom to the land situate lying and being at Oke-Okoko Ashipa, Ife District. An injunction restraining the defendant and his servants and or agents from further interference with the land was also claimed. In the claim, the boundaries of the land in dispute were stated to be as follows -

"1st side by Fasakin's land, 2nd side by Idowu Akinowo's land, 3rd side by Akinkumi's land, 4th side by Majayomi's land."

The case was first listed for mention on the 19th December, 1967. The defendant thereafter in his own action in suit No. 165/68 claimed in similar terms, but the boundaries indicated in Suit No. 165/68 are as follows -

"On one side by Olukotun farm-land, on the 2nd side by Olusola Ashipade famil…

ODOFIN V. AYOOLA

ODOFIN
V.
AYOOLA