OLALEYE
V.
AKANO

(2007) JELR 45728 (CA)

Court of Appeal · CA/I/159/02 · 10 Dec 2007 · Nigeria

CORAM

MUSA DATTUO MUHAMMAD Justice of The Court of Appeal of Nigeria AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

land

appellants

dispute

respondents

trial court

evidence of the boundary men

learned trial judge

1st defendant

learned counsel

5th defendant

boundary men

exclusive title

lead judgment

lower court

present case

evidence of boundary men

pieces of evidence

claims of the plaintiffs

judgment of the trial court

totality of the evidence

aladorin farm

cocoa seeds of the plaintiffs

dansie see sanusi v

defendant

descendants of osuntoyinbo

descendants of salako

family meeting

family members

farm products

first mogaji

judgment of the high court

learned trial judge ought

leave of court

members of aladorin family of aladorin compound

own land

parts of the family land

plaintiffs claims

possession of the plaintiffs

said farm land

traditional evidence

traditional histories

traditional history of grant

CHIDI NWAOMA UWA, J.C.A. (Delivering the lead Judgment): This is an appeal from the judgment of the High Court, Ibadan, delivered on 19th July 1979, in which the claims of the plaintiffs were refused by the learned trial Judge, Hon. Justice K. Ibidapo Obe.

"The Plaintiffs claims against the defendant is for the sum of N1,000.00 being special and general damages for the trespass committed by the defendants during the month of October 1975 when the defendants during the month of October 1975 when the defendants and/or their agents entered the farmland in possession of the plaintiffs at Podo Area (a plan of which will be filed later) and the 5th defendant/his agents or servant thereby plucked the cocoa seeds of the plaintiffs and carried them away.

Injunction restraining the defendants, their agents or anyone claiming through them from committing any further acts of trespass on the said farm land and in plaintiffs' possession."

In that court, pleadings were ordered and exchanged and the …

OLALEYE V. AKANO

OLALEYE
V.
AKANO