OKANOLA & ANOR
V.
ELESU

(2021) JELR 108951 (CA)    
Court of Appeal  ·  CA/IB/267/2017 ·  23 Nov 2021 ·  Nigeria
CORAM
UGOCHUKWU ANTHONY OGAKWU, J.C.A ​FOLASADE AYODEJI OJO, J.C.A. ABBA BELLO MOHAMMED, J.C.A.
Core Terms Beta
exhibit p2
appellants
lower court
respondent
atagba family
exhibit d3
learned trial judge
atumini river
disputed land
suit no.
appellate court
atunini river
respondent’s father
lead judgment
members of atagba family
sole issue
boundary of the land of elesu family
decision of the lower court
entire evidence of the father of the respondent
appellants’ brief
appellants’ counter-claim
boundary of the disputed land
counter-claim
documentary evidence
evaluation of the evidence
following reliefs
main issue
plaintiff’s family land
proof of possession
atagba village area
behalf of elesu family
careful examination of exhibit pa show
case of r v
correct interpretation
counter-claim of the appellants
decision of the high court of oyo state
end of the trial
exhibits d4
given proceedings
grant of statutory right of occupancy
leading judgment
mr. dauda oyedafola elesu
parcel of land lying
part of the evidence of the respondent
plenary trial
prosecution of the appeal
said evidence of respondent
said proceedings
scarified judgment of the lower court
trial judge

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Oyo State, Coram Judice: Akintola, J. in SUIT NO. I/506/2006: MR. DAUDA OYEDAFOLA ELESU (for himself and on behalf of Elesu Family) v. MUDASHIRU OLAOTI OKANOLA and ANOR. delivered on 26th April 2017. The Respondent, who was the Claimant at the lower Court claimed the following reliefs against the Defendants who are the Appellants herein:

(i) Damages against the Defendants for trespass on the Plaintiff’s family land at Elesu Village Off Olomi/Olojuoro Road, Ibadan.

(ii) Perpetual injunction restraining the Defendants their agents, servants, privies or anybody claiming through them from further trespass on the Plaintiff’s family land at Elesu Village, Off Olomi/Olojuoro Road, Ibadan.

The Appellants set up a counter-claim wherein they claimed the following reliefs against the Respondent.

(a) Declaration that the defendants are the persons entitled to the grant of statu…

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