(2003) JELR 44764 (CA)    

Court of Appeal  ·  CA/E/19/97 ·  14 Apr 2003 ·  Nigeria
IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Court of Appeal of Nigeria JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria CLARA BATA OGUNBIYI Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
onus of proof
trial court
trial judge
common ground
traditional history
conclusive evidence
joint ownership
precise nature of title
statement of claim
strength of his own case
african court of appeal
burial grounds
canopy of the stated section of the constitution
chieftaincy constitution
communal ancestor oyiwo ode
conflicting evidence of the parties
defence case vis
enjoyment of the use of the land
exclusive claim
exclusive property of the defendant
interference of the plaintiffs
joint property of the parties
judgment of that court
last issue
law enforcement agents
leading judgment
matter of civil cases
native court
onus lay
original owner
previous case
primary issue of ownership
respect of the disputes
respondents ancestors
said issue
said lands
said paragraph
statement of defence paragraph
statements of defence
subject matter of the dispute
such numerous acts

IGNATIUS CHUKWUDI PATS-ACHOLONU, J.C.A. (Delivering the Leading Judgment): The case started on a seemingly happy note in that the Plaintiffs who are now the Respondents are not laying exclusive claim to the land the subject matter of the dispute but are saying that the land is a jointly and communally owned property of the two parties and they, in their statement of claim asked the Court to declare that this is so with the consequential Order of perpetual injunction which would restrain the defendants, their heirs, agents and others claiming from them from any interference of the Plaintiffs right of enjoyment of the use of the land jointly and communally owned. The Respondents, who brought the action on behalf of themselves and representing their community known as Akpawfu excepting the Appellants, averred that the land in dispute is a joint property of the parties who inherited same from their communal ancestor Oyiwo Ode who as a hunter founded the land. The ancestor while alive warn…

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