(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
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
learned trial judge
court of appeal
traditional evidence
trial court
leading judgment
decision of the trial court
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 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 …

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