(2004) JELR 44997 (CA)    

Court of Appeal  ·  CA/I/115/95 ·  24 May 2004 ·  Nigeria
Other Citations
Olaleye v. Adejumo (2005) 10 NWLR (Pt.933)429
SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st defendant
learned trial judge
2nd defendant
learned counsel
trial court
1st appellant
exhibit c
traditional history
chief lawson
2nd appellant
trial judge
record of appeal
2nd defendants
amended statement of claim
judgment of the trial court
parcel of land
boundary wall
cross examination
customary court
favour of the plaintiffs
grant of land
judgment of somolu
lower court
odan agbara village
1st witness
2nd respondents
compulsory acquisition of the land
conclusion of trial
evidence of the d.w.3
evidence of traditional history of the plaintiffs
fact of acquisition of land
leading judgment
lease of the land
mr. a. b. apatra
ogun state
olaonipekun adejumo family of odan agbara
ownership of title
plaintiffs of the reliefs
principal member of the family of olaonipekun adejumo
principle of resolution of conflicts
said land
said parcel of land
second defendant
testimony of the p.w.1
trial courts

IBIYEYE, J.C.A. (Delivering the Leading Judgment): The two appeals in this case were separately initiated by notices of appeal of the 1st and 2nd defendants against the judgment of Somolu, J. of Ilaro Judicial Division of the High Court of Justice, Ogun State. The judgment which was peculiarly titled 'Ruling and judgment' was delivered in favour of the plaintiffs on the 23rd day of April, 1991.

In paragraph 20 of the amended statement of claim in which the two plaintiffs sued for themselves and Olaonipekun Adejumo family of Odan Agbara the following reliefs were sought against the two defendants:

"1. Declaration that the plaintiffs are the persons entitled to the right of occupancy of all that piece or parcel of land situate at Odan Agbara village which piece or parcel of land is shown on plan No. APAT/06/159/1987.

2a. Declaration that any notice of acquisition, and compulsory acquisition of the land in dispute under the Public Lands Acquisition Law of Ogun State, is unconstitutional…

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