(2022) JELR 109121 (CA)    
Court of Appeal  ·  CA/AK/267/2016 ·  21 Jan 2022 ·  Nigeria
Rita Nosakhare Pemu, JCA James Gambo Abundaga, JCA Yusuf Alhaji Bashir, JCA
Core Terms Beta
lower court
trial court
declaration of title
statement of claim
weight of evidence
court of trial
evidence of pw1
further acts of trespass
judgment of the trial court
order of perpetual injunction
record of appeal
traditional evidence
leading judgment
learned trial judge
piece of land
samolope’s compound ikirun
trial judge
written statement
appellant’s counsel
appellant's statement
brief of argument
circumstance of this case
civil procedure
declaration of title fails
evidence of the grant of the land
exact extent
exchange of pleadings
fasola samolope
full trial
grant of the land
ikirun osun state
important fact
missing links
osun state high court
pa ogunsakin respondents' ancestor
parcel of land
part of the pleadings
pleaded facts
preponderance of evidence
respect of issue
respondents reliefs
said land
said leg of claim

YUSUF ALHAJI BASHIR, J.C.A. (Delivering the Leading Judgment): 

This appeal is against the decision of A. A. Aderigbigbe of the Osun State High Court Holden at Ikirun, Judicial Division where the learned trial judge in his judgment delivered on 7th day of April, 2014 granted reliefs one (1) and three (3) of the Respondents reliefs in their statement of claim which are for a declaration of title over a piece and parcel of land situate, lying and being within Samolope’s compound Ikirun and two, an order of perpetual injunction restraining the defendant either by himself, his servants, agents and or privies from committing further acts of trespass on the said land.

Meanwhile, upon the filing and exchange of pleadings, the case went to full trial where the plaintiffs now Respondents called three witnesses while the Appellant as defendant called two witnesses self inclusive.

The dispute like we said earlier involved a piece of land situate at Ikirun Osun State as per the Plaintiffs/Respondent…

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