(2004) JELR 45015 (SC)    

Supreme Court  ·  SC.144/1999 ·  28 May 2004 ·  Nigeria
Other Citations
Odutola v. Oderinde (2004) 12 NWLR (Pt.888) 574 (2004) 18 NSCQR 577
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
1st defendant
rem judicatam
res judicata
faluyi family
subject matter
customary court
cause of action
previous case
final judgment
ijako village
area of land
decision of the court of appeal
learned trial judge
statutory right of occupancy
leading judgment
said judgment
supreme court act
4th defendants
final decision
hearing of the appeal
interlocutory decision of the high court
ogun state high court
survey plan no.
bangladesh biman corporation
british citizen
claim of title
descendants of the original owner ijako
earlier suit no.23
estate of faluyi family
grounds of appeal
important issue
interlocutory decision of that court
interlocutory nature of the application
mere fact
present suit no. hcj
respect of the land
rules of court
said land
subject matter of the action
suits no.
traditional boundary men
traditional history of the founding of the village
trial high court
unanimous judgment
withdrawal of the claim

KUTIGI, J.S.C. (Delivering the Leading Judgment): In the Ogun State High Court holden at Otta, the plaintiffs claimed against the defendant -

(1) to be the persons entitled to the statutory right of occupancy in respect of the land situate, lying and being at Ijako village near Otta, Ogun State of Nigeria;

(2) the sum of N200,000.00 against the 1st defendant being damages for trespass etc.

(3) injunction restraining the 1st defendant, his agents, servants, or privies from committing further trespass and or entering the said land etc.

(4) injunction restraining the 2nd, 3rd and 4th defendants from accepting and or approving and granting and or registering and or processing any application for certificates of occupancy from the 1st defendant etc. should be noted that the defendant/appellant became the sole defendant upon the withdrawal of the claim against the other defendants who were then struck-out from the suit.

After the parties had filed and exchanged their pleadings, the defen…

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