(2001) JELR 44310 (CA)    

Court of Appeal  ·  CA/B/244/98 ·  10 Jul 2001 ·  Nigeria
Other Citations
Okunrinmeta v. Agitan (2002) 2 NWLR (Pt 752)565
RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria BABA ALKALI BA' ABA Justice of The Court of Appeal of Nigeria SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
learned counsel
farm land
lower court
high court
arogbo-ijaw customary court
1st appellant
high court judge
inter alia
specific finding of trespass
1st defendant
contention of the learned counsel
cross examination
following issues
leading judgment
oye farm
record of appeal
suit no. hok
9th defendants
above findings of the lower court
act of trespass
ample evidence of trespass
appellate jurisdiction
area courts
background of this appeal
briefs of argument
customary courts
decision of the court of first instance
decision of the ondo state high court
e. ejiofor esq
instance of the trial court
judgment of the customary court of ondo state
leave of the court
location of certain huts
oral argument
parcel of farm land
sum of n2,000.00
valid visit
view of the dispute
view of the peculiar nature of the proceedings

IBIYEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Ondo State High Court sitting in Okitipupa in its appellate jurisdiction dated the 5th day of November, 1997 in Suit No. HOK/1A/97 dismissing the appellant's appeal against the judgment of the Customary Court of Ondo State sitting at Arogbo-Ijaw in Suit No. AICC/67/95 and delivered on the 20th day of March, 1996.

The background of this appeal as culled from the record of appeal is that the plaintiff as respondent took action against the defendants as appellants at Arogbo-Ijaw Customary Court for the following reliefs:

"The plaintiff's claim against the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th and 9th defendants jointly and severally is for the defendants to quit from (sic) plaintiff's grandfather's parcel of farm land "Oye Farm" in Awodikuro creek.

That the defendants, their agents, privies and servants should quit immediately from the farm land "Oye Farm" land.

That the defendants are to b…

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