OLANUDU
V.
TEMIYE

(2001) JELR 51169 (CA)    

Court of Appeal  ·  CA/B/289/96 ·  10 Jul 2001 ·  Nigeria
 · 
Other Citations
Olanudu v. Temiye (2002) 2 NWLR (Pt. 750) 21
CORAM
NIKI TOBI, JCA (Presided) BABA ALKALI BA’ABA, JCA SAKA ADEYEMI IBIYEYE, JCA (Read the Lead Judgment)
Core Terms Beta
respondents
appellants
learned trial judge
plaintiffs
evidence
defendants
case
land dispute
statement of defence
learned counsel
trial
instant case
trial court
lower court
trial judge
inter alia
island of oriyanrin
plaintiffs’ land
appellate court
fundamental principle
grandfather of the 1st plaintiff
leading judgment
moboro nla
subject-matter
totality of the evidence
allegation of facts
appellants’ case
chief a.o. ajana
conclusion of the learned trial judge
counter-claim deal
customary court igbekebo
decision of the learned trial judge
farm land
farm lands
following issues
following reliefs
foregoing pronouncements
founders of moboro villages
hearing of this appeal
joint statement of claim
judgment of ajayi
judicial powers functions
learned judge
mind of the learned trial judge
moboro kekere farm lands
plaintiffs’lands
respondents’survey
unlawful occupation of the plaintiffs

IBIYEYE, JCA (Delivering the Leading Judgment): This appeal is against the judgment of Ajayi, J. of the Okitipupa Division of Ondo State High Court delivered on the 9th of October, 1992 in Suit No. HOK/32/87.

The appellants as plaintiffs in the court below claimed against the respondents as defendants the following reliefs in paragraph 30 of their joint statement of claim: “(a) A declaration that the descendants of Jatunwase/Lubawo, Olanudu Ayekun, Jaiye and Baba-Agba - the founders of Moboro Villages in Ilaje/Ese Odo Local Government Area of Ondo State, they are entitled to continue to enjoy undisturbed their ancient ownership and possession of the villages - Moboro Nla and Moboro Kekere farm lands respectively and their adjoining fishing grounds and bush lands. plaintiffs’lands by the defendants and their Urhobo agents, on A or about the 2nd November, 1987 is an act of trespass and unlawful interference with the plaintiffs’ ancient and peaceful ownership and lawful possession of …

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