(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
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
customary court
native courts
appellate judge
court of appeal
evidence act
judicial proceedings
exhibit c
high court
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…

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