OLAOSUN
V.
OGUNSINA

(2018) JELR 38703 (CA)

Court of Appeal · CA/AK/100/2012 · 14 May 2018 · Nigeria

CORAM

UZO IFEYINWA NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria MOHAMMED AMBI-USI DANJUMA Justice of The Court of Appeal of Nigeria RIDWAN MAIWADA ABDULLAHI Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

land

dispute

evidence

trial court

learned trial judge

plaintiffs

appellate court

native law

evidence of dw2

lead judgment

appellants father

favour of the respondent

judgment of the trial court

karimu akande

above facts

acts of ownership

agbora bamigbola village

family farm land

female child

honourable court

jimoh bamidele fakunle

male children

stands of palm trees

totality of the evidence

virtue of section

appeal fails

appellants brief of argument

briefs of argument

cost of future expectation

customary right of occupancy of a piece

dw2 evidence

evidence of dw1

farm land

findings of the lower court

grandfather of both parties

grant of farm land

judgment of the lower court

large parcel of land

leading judgment

mr. lawani onifades farmland

order of forfeiture of the small portion

order of perpetual injunction

parcel of land

relevant facts

respondents case

respondents father

rules of this court

separate farm land

trial judge

MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the judgment of Hon. Justice A. O. Ayoola of the Osun State High Court, sitting at Ikire, delivered on 12th day of April, 2011 in Suit No. HRE/20/2009, in favour of the Respondent. The Respondent was the claimant, while the Appellant was the Defendant at the trial Court.

The Respondent as claimant brought the suit that culminated into this appeal vide Writ of Summons and Statement of Claim dated 10/8/2009 and filed on 11/8/2009, wherein he claimed against the Appellant as follows:

i. Declaration that the plaintiffs are entitled to the customary right of occupancy of a piece or parcel of land situate and being at Agbora Bamigbola village, Ikire and is bounded on each side as follows:

1st side by Mr. Lawani Onifades farmland.

2nd side by Aborishades family farmland.

3rd side by Akinese stream.

4th side by Iwo/Ikire Road.

ii. AN ORDER OF PERPETUAL INJUNCTION restraining the Defendant whether by himsel…

OLAOSUN V. OGUNSINA

OLAOSUN
V.
OGUNSINA