OGUNNAIKE
V.
OJAYEMI

(1987) JELR 44586 (SC)

Supreme Court · SC.56/1985 · 20 Mar 1987 · Nigeria
·

Other Citations

Ogunnaike v. Ojayemi (1987) NWLR (Pt. 53)760 (1987) 3 S.C 213

Ogunnaike v. Ojayemi (1987) 1 NWLR (Pt. 53) 760

CORAM

ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria

Core Terms ^Beta

evidence

appeal

law

court

customary court

native courts

appellate judge

court of appeal

evidence act

judicial proceedings

exhibit c

high court

olori-ilu

learned trial president

grounds of appeal

parcel of land

appellate jurisdiction

piece of land

provisions of the evidence act

1st plaintiff

combined effect of sections

evidence of the defendant

federal court of appeal

appellate judge of the high court

brother-michael soneye

contents of the exhibits

customary courts laws

customary fees

decision of the high court

decision of the learned president of the customary court

early stage of the trial

grade c

leading judgment

learned trial president of the customary court

members of tuona family of ijokun

olorilu of ijokun

original owner of the land

plaintiffs claim

plaintiffs land

portion of the communal land of the ijokun community

present appellant

presiding judge

said sections

second plaintiff

section of his family

trial customary court

value of the land

whole of the evidence

KAWU, J.S.C. (Delivering the Leading Judgment): The matter which gave rise to these proceedings originated in the Ijebu Remo Divisional Grade 'B' Customary Court, Shagamu, almost twenty years ago. In that Court, the respondent in this appeal was the 1st plaintiff. The second plaintiff was one Ogunkoya Soneye who, because of an illness, had to withdraw from the case at an early stage of the trial. The plaintiffs' writ of summons, which was issued on behalf of themselves and the members of Tuona Family of Ijokun, Shagamu, reads as follows:-

"The plaintiffs claim against the defendant is for declaration of title to that piece or parcel of land at Sabo, Offin, Shagamu, Ijebu-Remo.

2. The piece of land at Sabo, Offin, Shagamu is bounded on its four sides as follows:-

(1) By Adekoya Adeoku's landed property

(2) By Erinwole Family landed property

(3) By Ogunsanwo Tumulus landed property

(4) By Soyemi Abawo's landed property

3. The sum of 100 (One Hundred Pounds) being special and General Dam…

OGUNNAIKE V. OJAYEMI

OGUNNAIKE
V.
OJAYEMI