(2001) JELR 44248 (CA)    

Court of Appeal  ·  CA/B/98/98 ·  9 Jul 2001 ·  Nigeria
Other Citations
Olisa v. Asojo (2002) 1 NWLR (Pt 747)13
Olisa v. Asojo (2002) 1 NWLR (Pt. 747) 13
RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria BABA ALKALI BA' ABA Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria
Core Terms Beta
declaration of title
oloten family
size of the land
customary right of occupancy
leading judgment
learned trial judge
statement of defence
1st side
boundaries of the land
high court
lawrence awo
native law
necessary facts
owo customary court
owo judicial division
accurate plan of such land
behalf of amologunde family of ipele
behalf of ubara family of ipele
death of his grandfather
following cases
following reliefs
further acts of trespass
grounds of appeal
high court of a state
land matters
land use act
land use act vis
material variance
n2,000 damages
notice of appeal
oma-afoto road ipele
ondo state high court
parcel of land
plaintiffs claim
proof of original title
provisions of the land use act
said land
satisfaction of the court
supreme court

AKAAHS, J.C.A. (Delivering the Leading Judgment): In the writ of summons issued from the Ondo State High Court, Owo Judicial Division holden at Owo, the plaintiff/respondent sued for himself and on behalf of Ubara family of Ipele and claimed the following reliefs against the defendant/appellant (also for himself and on behalf of Amologunde family of Ipele) :-

(a) Declaration that the plaintiff is entitled to a customary right of occupancy in respect of the piece or parcel of land situated and being along Omiekan/Oma-Afoto Road Ipele via Owo.

(b) N2,000 damages for trespass committed and being committed by the defendant on the plaintiff's said land.

(c) An injunction restraining the defendant, his servants and or agents from committing further acts of trespass over the plaintiff's said land.

Pleadings were filed and exchanged with the plaintiff filing a reply to the statement of defence. The matter finally went to trial on 22/2/94. The Plaintiff testified in person and called three oth…

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