(1995) JELR 45877 (SC)    

Supreme Court  ·  SC.236/1986 ·  3 Feb 1995 ·  Nigeria
Other Citations
Olatunji v. Adisa (1995) 2 NWLR (Pt.376)167 (1995) 2 SCNJ 90
Olatunji v. Adisa (1995) 2 NWLR (Pt. 376) 167
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
learned trial judge
statement of claim
virtue of a deed of conveyance
aduloju family land
lands registry
due execution
main issue
trial court
exhibit b
inter alia
deed of conveyance
validity of exhibit
plan no. ok
suo motu
faniyi family
hearing of the appeal
notice of appeal
additional grounds of appeal
aduloju family of aduloju
aduloju family of that plaintiff
brief resume of the facts of the case
consideration of this issue
considered judgment
evidence of the sale
examination of the capacity of the signatories
family lands of ashiru onipako
firm view
genesis of the case
hammed adetunji lanihun
k.o. ishola licensed surveyor
leading judgment
learned counsel
leave of court
own case
oyo state high court holden
part of a large parcel of land
portions of the said land
respect of land
rules of court
said aduloju family
said parcel of land
title of the plaintiff
unanimous decision of the justices

ONU, J.S.C. (Delivering the Leading Judgment): By a writ of summons issued on 31st May, 1979, the plaintiff herein appellant, claimed from the defendant, herein respondent in the Oyo State High Court holden in Ibadan (per Babalakin, J. as he then was) as follows:-

"1. Declaration to a Statutory Right of Occupancy in respect of land in dispute edged Red on Plan No. OK 65 drawn and signed by K.O. Ishola Licensed Surveyor on 10/8/72, and counter signed by Surveyor General on 25/9/72, attached to Deed of Conveyance dated 29th day of November, 1972, and Registered as No. 11 at page 11 in volume 1426 of the Lands Registry in the Office in Ibadan.

2. N500 (Five Hundred Naira), for general damages for trespass committed and still being committed by the defendant or his servants and Agents on the plaintiff's parcel of land.

3. Injunction to restrain the defendant, his servants, or privies or any one claiming through him from further acts of trespass on the said parcel of land. "

Pleadings havi…

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