(2015) JELR 40297 (CA)    

Court of Appeal  ·  CA/B/361/2008 ·  10 Jul 2015 ·  Nigeria
MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria MOHAMMED AMBI-USI DANJUMA Justice of The Court of Appeal of Nigeria JAMES SHEHU ABIRIYI Justice of The Court of Appeal of Nigeria
Core Terms Beta
rem judicatam
lower court
writ of possession
court of appeal
judgment of the supreme court
possessory rights
previous suit
decision of the supreme court
declaration of statutory right of occupancy
favour of the respondents
high court
high court of ondo state
leading judgment
learned trial judge
lone issue
parcel of land
perpetual injunction
present case
previous case
subject matter
suit no
suit of the respondents
apex court
appeal no sc143
circumstances of this case
doctrine of estoppel
draft of the lead judgment
execution of the judgment
following reliefs
fresh action
issue ii
issue of forfeiture
judgment of supreme court
judgment of the supreme court no. sc
main issue
mojeed adekunle owoade
odoso family land
portion of the aforesaid land
present action
proper order
said portion of the plaintiffs
statement of claim
subject matter of the present suit

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling delivered on 5th May, 2003 in the High Court of Ondo State in the Ikare-Akoko Judicial Division holden at Ikare Akoko.

The Respondents in this appeal were Plaintiffs in Suit NO: HIK/17/81 Balogun and Anor v. Shittu Onigbede and Ors which commenced from Ikare. The Respondents claimed against the Appellants for the following reliefs:

(a) Declaration of Statutory right of occupancy to all that piece and parcel of land known as Odoso family land situate, lying and being along Ikare-Owo Road, Ikare - Akoko, delineated on plan to be filed hereafter.

(b) Forfeiture of all the rights and interest whatsoever of the Defendants as customary tenants on the portion of the aforesaid land granted to them by the Plaintiffs.

(c) Perpetual Injunction restraining the Defendants, their servants, agents, privies and all persons, claiming by and through them from further entry on the said portion of the plainti…

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