(2018) JELR 38703 (CA)    

Court of Appeal  ·  CA/AK/100/2012 ·  14 May 2018 ·  Nigeria
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
trial court
learned trial judge
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…

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