(2005) JELR 45135 (CA)    

Court of Appeal  ·  CA/I/37/96 ·  15 Dec 2005 ·  Nigeria
Other Citations
Olanibi v. Ohara (2006) 10 NWLR (Pt. 988) 297
AMINAADAMU AUGIE Justice of The Court of Appeal of Nigeria GERTRUDE IFUNANYA UDOM-AZOGU Justice of The Court of Appeal of Nigeria RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria
Core Terms Beta
customary court
iwikun community
deceased respondent
1st appellant
appellate court
1st side
2nd side
awikun chieftaincy farmland
said farmland
subject matter
high court
issue estoppel
lower court
piece of farmland
plea of res judicata
said suit no.
earlier suit no.
final analysis
igbo lomofe farm
original plaintiff
plaintiffs claim
strict rules
subject matter of this appeal
3rd defendant
aid farmland
appeal centers
awikun family
background facts of the case
chief geolge adekile
decisions of the appellate court
determination of the case
eldest person of both parties
following cases
following conclusion
following issue
issue of res judicata
iwara grade c customary court
iwara grade c customary court of osun state
leading judgment
suit no. a2
trial judge

AUGIE, J.C.A. (Delivering the Leading Judgment): The action, which is the subject matter of this appeal, originated from the Iwara Grade C Customary Court of Osun State, wherein the (deceased) respondent as original plaintiff claimed as follows against the appellants -

"The plaintiffs claim against the defendants jointly and severally is for declaration of title to a piece of farmland, situate, lying and being at Igbo Lomofe Farm via Iwikun in Atakumosa Local Government Area. The plaintiff is also claiming the sum of N200.00 from the 3rd defendant being general damages for trespass into the aid farmland and thereby damages (sic) some cocoa and kola trees on the said farmland. The plaintiff is also seeking for an injunction order restraining the defendants, their agents, wives or servants from further entering into the said farmland pending the determination of the case before the court. The said farmland is bounded as follows-

On the 1st side by Degunduro's farmland

On the 2nd side b…

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