(1984) JELR 46450 (SC)    

Supreme Court  ·  SC.64/1983 ·  23 Nov 1984 ·  Nigeria
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
suit no.
appellate judge
court of appeal
boundaries of the land
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…

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