(1998) JELR 45679 (SC)    

Supreme Court  ·  SC.302/1991 ·  3 Jul 1998 ·  Nigeria
Other Citations
Oladele v. Anibi (1998) 9 NWLR (Pt.567)559 (1998) 7 S.C (Pt I) 1
Oladele v. Anibi (1998) 9 NWLR (Pt. 567) 559
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 IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
parcel of land
xxxxxxxxxxxxxxxxxx x x x x
concurring findings of facts
said land
learned trial judge
leading judgment
leave of the court
briefs of argument
adeyi aro
support of plaintiff
concurrent findings of fact
oyage section of the family
grounds of appeal
brothers of full blood
obvious reasons
reign of iba oluyole
conclusion of the trial
above findings
rules of this court
favour of the plaintiff
such findings
mc of any grant inter vivos
4th defendants
supreme court
high court
concurrent findings of facts
seraphim society church
respect of a piece
time of partition
special circumstances
lower courts
descendants of aro
arnusa agboola adeyi
male children
trial judge
traditional evidence of both parties side
younger brother of aro
trial court
sufficient evidence

OGUNDARE, J.S.C. (Delivering the Leading Judgment): The plaintiff sued the defendants in respect of a piece or parcel of land situate and being at Surulere Area of Oke-Ado, Ibadan. The action was for N1.000.00 damages for trespass allegedly committed by the defendants on the said land between 1978 and May 1986 and an injunction restraining them from committing further acts of trespass on the said land. Pleadings were filed and exchanged. The plaintiff filed a reply to the statement of defence. On completion of pleadings the action went to trial at which 4 witnesses, including the plaintiff, testified in support of plaintiff's case. 4 witnesses also testified for the defence, including the 2nd and 4th defendants. At the conclusion of the trial and after addresses by learned counsel for the parties the learned trial judge found in favour of the plaintiff and entered judgment as follows;

"I award a sum of N850 (Eight hundred and fifty naira), as damages for trespass against the defendant…

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