OLUSANYA
V.
OSINEYE

(2001) JELR 50976 (CA)    

Court of Appeal  ·  CA/I/89/98 ·  26 Apr 2001 ·  Nigeria
 · 
Other Citations
Olusanya v. Osineye (2001) 13 NWLR (Pt. 730) 298
CORAM
SUNDAY AKINOLA AKINTAN, JCA (Presided) MORONKEJI OMOTAYO ONALAJA, JCA (Read the Lead Judgment) OLUFUNLOLA OYELOLA ADEKEYE, JCA
Core Terms Beta
page
appellant
respondent
defendant
plaintiff
access road
learned trial judge
statement of claim
respondent’s father
access way
court of appeal
right of easement
supreme court
appellant’s brief
cross examination
dominant tenement
instant appeal
finding of the learned trial judge
piece of land
right of way
survey plan
judgment of the learned trial judge
plaintiff claims
plaintiff’s house
plaintiff’s land
said access way
unlawful revocation of easement
18th day of january
1st plaintiff’s witness
above guideline
appellant’s land
ascription of evidence
behalf of other members of makinye family
case of ca
conclusion of trial
different persons
dispute survey plan
document of his purchase of the land
erection of the said wall
facts of each case
iota of evidence
itun isodo ode remo
lead judgment
plaintiff’sresidence
respondent pleadings
road obstruction
statement of claim plaintiff
state of pleadings
unusual terrain of our land law of easement

ONALAJA, JCA (Delivering the Lead Judgment): This judgment touches an unusual terrain of our land law of easement, with very few decisions in the Supreme Court and the Court of Appeal.

The plaintiff now appellant in this judgment claimed against the defendant named respondent in this judgment by hisendorsed writof summons issued against defendant/respondent by the High Court of Ogun STATE

SHAGAMU JUDICIAL division holden in SHAGAMU as stated thus:- “THE PLAINTIFF CLAIMS against the defendant:- Declaration that defendant has no right to erect a wall blocking the ACCESS WAY leading to plaintiff’sresidence, lying and being at NOMEGUN QUARTERS,

ITUN ISODO ODE REMO ; N50,000.00 being damages for the erection of the said wall on the said access way by the defendant which erection has made it impossible for the plaintiff to gain access to the Highway and to the use and enjoyment of his said residence; N100,000.00 being damages for NUISANCE committed by the defendantwhen the defendant hascause…

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