OMITOGUN
V.
SOGUNRO

(2003) JELR 57728 (CA)    

Court of Appeal  ·  CA/I/M.56/2000 ·  8 Jul 2003 ·  Nigeria
CORAM
VICTOR A. O. OMAGE, JCA (Presided and Read the Lead Judgment) FRANCIS FEDODE TABAI, JCA OLUFUNLOLA OYELOLA ADEKEYE, JCA
Core Terms Beta
court
defendants
appellants
issue
ikija village
learned trial judge
customary court
high court
said land
cross-examination
exhibit f
judgment of the court
respondent
contents of exhibit f
evidence of such quality
exhibit c
idi orogbo area
ile ife
record of the proceedings
3rd defendants
annual rent
appellants’brief
appellants’ issue
claim of the plaintiffs
customary right of occupancy
customary tenants of the plaintiffs
deep consideration of the traditional history of both parties
defendants witness
defiance of the plaintiffs title
evidence act
evidence of traditional history
findings of the court
high court of ogun state
latter proceedings
lead judgment
learned trial court
new trial
oba karounwi
part of the proceedings
plaintiffs’ claim
plaintiffs’ witness
position of the law
previous case
recent time
representatives of the ibaragun community
representatives of the ikija community
respect of the vast area of land
sevennamed plaintiffs
use of his unique advantage
wrong submissions

OMAGE, JCA (Delivering the Lead Judgment): The claim of the plaintiffs in the court below is in a representative capacity against the 3 representatives of the Ikija Community in the Ota judicial division. The sevennamed plaintiffs are the representatives of the Ibaragun Community the plaintiffs in the court below, the High Court of Ogun State, sitting at Ota. They claimed from the defendants now appellants, the following reliefs; A declaration that the plaintiffs are the persons entitled to customary right of occupancy in respect of the vast area of land situate, lying and being at and around Idi Orogbo Area, Ikija Village in Ogun State of Nigeria. A declaration that the 1st, 2nd and 3rd defendants are customary tenants of the plaintiffs.

(i i) Recovery of possession of the vast area of land situate, lying and being at Idi Orogbo Area, Ikija Village in Ogun State ofNigeria held under customary tenure in that the defendants committed acts inconsistent with and in defiance of the plain…

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