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…

OMITOGUN V. SOGUNRO

OMITOGUN
V.
SOGUNRO