(2011) JELR 46190 (SC)    

Supreme Court  ·  SC.195/2004 ·  9 Dec 2011 ·  Nigeria
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
marshy area
trial court
court of appeal
appellate court
learned trial judge
favour of the plaintiff
exhibit a2
oral evidence
deeds of conveyance
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…

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