OGUNSAKIN & ORS
V.
BALOGUN & ANOR

(2015) JELR 40297 (CA)

Court of Appeal · CA/B/361/2008 · 10 Jul 2015 · Nigeria

CORAM

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

appellants

respondents

appeal

rem judicatam

issue

judgment

lower court

writ of possession

court of appeal

issues

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

ikare-akoko

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…

OGUNSAKIN & ORS V. BALOGUN & ANOR

OGUNSAKIN & ORS
V.
BALOGUN & ANOR