OGUNDEPO & ANOR
V.
OLUMESAN

(2011) JELR 46190 (SC)

Supreme Court · SC.195/2004 · 9 Dec 2011 · Nigeria

CORAM

MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Supreme Court of Nigeria MUHAMMED SAIFULLAH MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria BODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria

Core Terms ^Beta

land

evidence

marshy area

trial court

court of appeal

appellate court

learned trial judge

favour of the plaintiff

exhibit a2

oral evidence

trial

cross-appellant

deeds of conveyance

appeals

further acts of trespass

land registry

original plaintiff

said land

courts confirmation order of the grant of the certificate

leading judgment

niger west challenge area

ownership of the land

possession of the plaintiff

set of facts

statement of claim

survey pillars wy

above position

alhaji y. folarin

appeal of the respondent

appellant thereat

behalf of the respondent

court of record

evaluation of evidence

exhibit j

findings of fact of the learned trial judge

grey areas of the law

high court

j. a. fabiyi

judgment of the court of appeal

learned justices of the court of appeal

making of a wrong order of retrial

order of injunction

proper consideration of the pleadings

proper interpretation of the documentary evidence

proved title

supreme court

survey plan no.rads

trial court fails

J. A. FABIYI. J.S.C. (Delivering the Leading Judgment): The appeals herein were filed by both sides of the divide against the judgment of the Court of Appeal, Ibadan Division delivered on 9th January, 2002. Therein, the appeal was allowed and the case was remitted back to the trial High Court, Ibadan for retrial before another judge.

The original plaintiff in his statement of claim, asked for:-

"1. N10,000.00 (Ten Thousand Naira) being damages for trespass when the defendant unlawfully entered the land in the possession of the plaintiff situate at Lagos- Ijebu Road, near Niger West Challenge Area. Ibadan sometimes in 1987 which trespass is still continuing.

2. Perpetual injunction restraining the defendant, his servants or agents from entering the land in dispute or from committing further acts of trespass thereon'"

In paragraph 27 of the Statement of Defence and counter-claim the defendant claimed against the plaintiff as follows:-

"(i) Declaration of Titleship/Ownership of the land…

OGUNDEPO & ANOR V. OLUMESAN

OGUNDEPO & ANOR
V.
OLUMESAN