(2001) JELR 44326 (SC)    

Supreme Court  ·  SC.123/1996 ·  13 Jul 2001 ·  Nigeria
Other Citations
Ogundoyin v. Adeyemi (2001) 13 NWLR (Pt.730) 403 (2001) 7 S.C (Pt.II) 98 (2001) All N.L.R 470
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
hearing notice
fair hearing
want of diligent prosecution
order of dismissal
additional grounds of appeal
brother onu
learned justices of the court of appeal
lower court
principle of fair hearing
set aside
conditions of appeal
constitution of the federal republic of nigeria
facts of the case
high court
learned justices of court of appeal
mr. e.a. popoola
notice of appeal
aje farm land
alhaji chief yekini otapo v
b-f nnaemeka-agu
enlargement of time
family members
following orders
following reliefs
fresh hearing notice
grant of adjournment
hearing of the appeal
late mr. e.a. popoola
leading judgment
learned trial judge
order of the court of appeal
record of proceedings of the appeal
respect of a piece of land
respondent of laojo family of oyan
said judgment
supreme court
vide page
weeks of the said order
written brief

ONU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment/order of the Court of Appeal holden at Ibadan in suit No.CN/1/122/89 dated the 19th of January, 1994. The respondent therein as plaintiff, had instituted the action in a representative capacity in the High Court of Osogbo Judicial Division of Oyo State against the appellants who were defendants, claiming the following reliefs:-

"(a) Declaration that the plaintiff is entitled to statutory certificate of occupancy in respect of a piece of land situate, lying and being at Aje farm land near Oyan town in Odo-Otin Local Government Area of Oyo State.

(b) N500.00 special and general damages for trespass committed by the defendant on the land; and

(c) Injunction restraining the defendants from further acts of disturbance of the plaintiff and his family members on the land."

Pleadings having been duly ordered, filed and exchanged by the parties, the case went to trial before Sijuade, J. as he then was, at th…

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