OGBE
V.
ASADE

(2004) JELR 57807 (CA)    

Court of Appeal  ·  CA/1/219/02 ·  19 Apr 2004 ·  Nigeria
CORAM
SAKA ADEYEMI IBIYEYE JCA (Presided) OLUFUNLOLA OYELOLA ADEKEYE JCA
Core Terms Beta
evidence
trial court
appellant
respondent
court
appellate court
customary court
aina oya
appellate judge
idowu eyile
trial
appellate high court
exhibit
issues
appellant’s ancestors
high court
lead judgment
rejection of exhibit a
customary court of ado odo
respondent’s ancestors
disputed land
failure of the appellant
record shows
rejected exhibit a
said court
son of akobunra
sule asade
trial court of exhibit a
a appeal
customary court grade
defendant’s evidence
facts of the plaintiff
following issues
following words
iota of evidence
later aina oya
odo customary court
offer of a bribe of n5,000
ogun state
parcel of land
plaintiff ’s claim
plaintiff ’s land
possession of the land
review of traditional evidence of parties
said children
said customary court
said document
said yam farm
son of pa idowu eyile
tenants of the respondent

OMAGE JCA (Delivering the Lead Judgment): The history of thisappeal commenced in the Grade 2 Customary Court, Ado in Ogun State. In that court the plaintiff who is now the respondent in this appeal made claims against the defendant now appellant in this court as follows: “Declaration that the plaintiff is entitled under native law and custom to statutory right of occupancy to the parcel of land situated, lying and being at Aakasun Ilase Village Area of Ado Odo/Ota Local Government of Ogun State of Nigeria bounded on the right side by the Okewaye/Idasajon farmland, on the left side by Idosaba/Ileko farmland, on the bottom side by Agric farmland, on the upper side by Ira. N1,000.00 damages for trespass committed by the defendant , his agents, servants and or privies on the plaintiff ’s land.

Perpetual injunction restraining the defendant, his agents and servants from trespassing upon the land. Possession of the land which was inherited by the plaintiff’s great grandfather from time imm…

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