Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OLORUNFEMI & ORS
V.
ASHO & ORS

(2000) JELR 43982 (SC)    

Supreme Court  ·  SC.13/93 ·  14 Jan 2000 ·  Nigeria
 · 
Other Citations
Olorunfemi v Asho (2000) 2 NWLR (Pt.643) 143 (2000) 1 S.C 15 (2000) 20 W.R.N 43 S.C
CORAM
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria OKAY ACHIKE Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
decision of the court of appeal
cross-appeal
akesan family
high court of lagos state
trial court
family property
evidence of the seventh defence witness
high court
statement of defence
court of appeal
leading judgment
appeal
ownership of the constituent members of the family
erroneous view of the trial judge
declaration of customary right of occupancy
defendants
use of the word
partition
substance of the argument of counsel
partition family property
said exercise
whole decision of the high court
land
issue estoppel
learned justice of the court of appeal
plaintiffs
identity of subject matter
example of such averment
olorunfemi oje
voluntary partition of the property
customary tenants of their ancestors
exact terms of the injunction
question of fact
evidence
set aside
exclusive possession of the land
individual members of the family
mere use of the word
reason of absence of identify
counter-claim
such confirmation
grant of the farmland
subject-matter
brother ayoola jsc

AYOOLA, JSC (Delivering the Leading Judgment): This judgment relates to an appeal and a cross-appeal from the decision of the Court of Appeal (Kolawole, Tobi and Ubeazonu, JJCA). The respondents ("the plaintiffs") sued the appellants ("the defendants") in the High Court of Lagos State claiming damages for trespass allegedly committed by the defendants on land at Akesan village sometime in December 1983 and injunction. The defendants, on their own, counterclaimed against the plaintiffs for a declaration of customary right of occupancy to the land in dispute, damages for trespass and injunction. The High Court (Onalaja, J, as he then was) after taking evidence on the claim and the counterclaim, dismissed the plaintiff's claim in its entirety. He granted the declaration sought by the defendants and restrained the plaintiffs from further acts of trespass on the land claimed by the defendants. He rejected the defendant's claim for damages for trespass. The plaintiffs appealed to the Court …

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