OJOKOLOBO & ANOR
V.
ALAMU & ANOR

(1998) JELR 45642 (SC)

Supreme Court · SC.110/1992 · 3 Jul 1998 · Nigeria
·

Other Citations

(1998) 7 S.C (Pt 1) 38

Ojokolobo v. Alamu (1998) 9 NWLR (Pt. 565) 226

CORAM

SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKIVU IGUH Justice of The Supreme Court of Nigeria

Core Terms ^Beta

land

defendants

learned trial judge

plaintiffs

evidence

court of appeal

traditional evidence

witnesses

trial court

leading judgment

decision of the trial court

p.w4

statutory right of occupancy

concurrent findings of fact

evidence of the boundary men

ancestor labudanu

area of land

aspect of the testimony of p. w.4

behalf of other members of ojokolobo family

close of pleadings

decision of the court of appeal

entire family

facts of this case

findings of the learned trial judge

first settler

following orders

high court

historical account

judgment of the high court

lead judgment

life time

order of injunction

particular piece of evidence

plan no. ak

rejection of the evidence of boundary men

reserved judgment

respect of the area

said land

said parcel of land

statement of claim

support of their case

trial

trial judge pick

trial of this action counter-claim

veracity of the conflicting evidence of tradition

KUTIGI, J.S.C. (Delivering the Leading Judgment): At the High Court, holden at Ibadan, the plaintiffs' claims as formulated in paragraph 32 of their amended statement of claim is for:-

"(1) Declaration that their entire family [is] entitled to a statutory right of occupancy in respect of the area in dispute.

(2) N400.00 (Four hundred naira) damages for trespass committed by the defendants on the land in dispute.

(3) Perpetual injunction restraining the defendants, their servants and or their agents or anybody claiming through them from any further acts of trespass."

By paragraph 35 of their further amended statement of defence and counter-claim, the defendants counter-claimed when they averred thus:-

"35. The defendants will at the trial of this action counter-claim for themselves and on behalf of other members of Ojokolobo family as follows:-

(a) Declaration to statutory right of occupancy over that area of land VERGED RED on plan No. AK 2443/0Y attached to this amended statement …

OJOKOLOBO & ANOR V. ALAMU & ANOR

OJOKOLOBO & ANOR
V.
ALAMU & ANOR