(1996) JELR 46151 (SC)    

Supreme Court  ·  SC.263/1993 ·  13 Feb 1996 ·  Nigeria
Other Citations
Olumesan v. Ogundepo (1996) 2 NWLR (Pt.433)628
Olumesan v. Ogundepo (1996) 2 NWLR (Pt. 433) 628
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
notice of appeal
brief of argument
dismissal of the appeal
additional grounds of appeal
fair hearing
record of proceedings
hearing of the appeal
present case
conduct of the appellant
leave of court
original grounds of appeal
adjournment of the appeal
brother iguh
conditions of appeal
exercise of discretion
9th day of march
amended brief of argument
circumstances of this case
decision of the court of appeal
right procedure
second place
case file
determination of the court
grant of the certificate of occupancy
ground notice of appeal
hearing date
leading judgment
learned justices of the court of appeal
learned trial judge
leave of this court
mean time
mr. r.a. aladesanmi counsel
said conditions
said decision of the high court
said judgment of the trial court
set of questions
subsequent trial
such time
support of this application
survey plan no. rads
western nigeria

IGUH, J.S.C. (Delivering the Leading Judgment) : This is an appeal against the decision of the Court of Appeal, Ibadan Division dated 9th day of March, 1993 dismissing the appellant's appeal in a dispute concerning title to land situate at Ibadan.

The respondent, as plaintiff, had in the Ibadan Judicial Division of the High Court of Justice, Oyo State instituted an action against the defendant, who is now the appellant, claiming as follows:-

"1. The plaintiff's claim against the defendant is for the sum of N10,000.00 (Ten thousand Naira) being damages for trespass when the defendant unlawfully entered the land in the possession of the plaintiff situate at Lagos - Ijebu Road, near Niger West, Challenge Area, Ibadan sometime in 1987 which trespass is still continuing.

2. Perpetual injunction restraining the defendant, his servants or agents from entering the land in dispute or from committing further acts of trespass thereon."

The defendant, in his Statement of Defence, counter-claimed …

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