(2002) JELR 44636 (SC)    

Supreme Court  ·  SC.143/1998 ·  22 Feb 2002 ·  Nigeria
Other Citations
Onigbede v. Balogun (2002) 6 NWLR (Pt.762)1 (2002) 2 S.C (Pt.II) 129
MICHAEL EKUNDAYO OGUNDARE 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 SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
supreme court
exhibit l
high court
real likelihood of bias
learned trial judge
grounds of appeal
mr. okunloye
notice of appeal
suit no. ca
declaration of statutory right of occupancy
fair hearing
parcel of land
statement of claim
appeal court
justices of appeal
lead judgment
leave of court
lower court
odoso family land
ruling house
trial high court
trial judge
case file
conclusion of trial
evidence of the partition of the land
first notice of appeal
grounds of facts
leading judgment
light of the decision of this court
lordships of the appeal
main view of that court
members of the said odo-oso family
motion papers
pdp candidate
plaintiffs family
present plaintiffs
reserved judgment
rules of this court
said portion of the plaintiffs
subject matter of this suit
support of their respective cases

M. E. OGUNDARE, J.S.C. (Delivering the Leading Judgment): The plaintiffs who are respondents in this appeal sued the defendants, now appellants, claiming as per paragraph 38 of their amended statement of claim-

(a) Declaration of statutory right of occupancy to all that piece and parcel of land known as Odoso family land situate, lying and being along lkare-Owo Road, Ikare-Akoko, delineated on plan to be filed hereafter.

(b) Forfeiture of all the rights and interests whatsoever of the defendants as customary tenants on the portion of the aforesaid land granted to them by the plaintiffs family.

(c) Perpetual injunction restraining the defendants, their servants, agents, privies and all persons claiming by and through them from further entry on the said portion of the plaintiffs' family land aforesaid."

Pleadings were filed and exchanged and, with leave of court, amended. The plaintiffs filed a reply to the defendants' amended statement of defence. The action proceeded to trial at wh…

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