Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OLAGBEMIRO
V.
AJAGUNGBADE III & ANOR

(1990) JELR 44621 (SC)    

Supreme Court  ·  SC.178/1987 ·  4 May 1990 ·  Nigeria
 · 
Other Citations
Olagbemiro v. Ajagungbade III (1990) NWLR (Pt.136) 37 (1990) 5 S.C (Pt I) 61
Olagbemiro v. Ajagungbade III (1990) 3 NWLR (Pt. 136) 37
CORAM
MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
parcel of land
lands registry
high court
shoun of ogbomosho
layode chieftaincy family
said land
court of appeal
dispute forms
statement of claim
native law
portion of a large track of land
trial judge
said family
1st respondent
ogbomosho local government council
2nd defendant
exhibits b
customary law
declaration of title
chief garuba oyelude jagun of ogbomosho
1st defendant
family of layode chieftaincy family
learned justice
decision of the court of appeal
evidence of 2nd defendant witness
allegation of fact
head of the entire family of shoun
oshogbo district council rest house
plaintiff
cross appeal
full rights of ownership
deed of conveyance
late oba olanipekun laoye
defendant
shoun's land
oyo state of nigeria
first shoun of ogbomosho
chief williams
use of the ogbomosho community
anticipation of the defence of the 1st defendant
leading judgment
signboard of the plaintiff
original owners
further acts of trespass
question of absolute ownership of the land
judgment of the trial court
dispute forms part of the land
exhibit j
institution of this suit

BELLO, C.J.N. (Delivering the Leading Judgment): The appellant was the plaintiff in the High Court, Oshogbo where he claimed against the 1st respondent:

1. A DECLARATION of title in fee simple or alternatively, under native law and custom to all that piece or parcel of land situated, being and lying at LAOYE STREET MASIFA, OGBOMOSHO in Oyo State of Nigeria and covered by a deed of conveyance dated the 30th January, 1973 and registered as no. 25 at page 25 in volume 1452 of the lands registry in the office at Ibadan and plan No. OB 2705 dated 8th February, 1977.

2. ₦5,000 being damages for trespass committed by the defendant, his agents or servants at various times in 1974 on the said land.

3. PERPETUAL INJUNCTION restraining the defendant, his agents or servants from committing further acts of trespass.

4. Annual rental value ₦200.00.

At its instance, the 2nd respondent was joined as the 2nd defendant in the suit.

The plaintiff averred in his pleadings that the land in dispute forms…

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