(1977) JELR 49355 (SC)    

Supreme Court  ·  SC.232/1975 ·  18 Nov 1977 ·  Nigeria
Other Citations
OTANIOKU v. ALLI (1977) 11-12 S.C. (REPRINT) 6
DARNLEY A. R. ALEXANDER Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria
Core Terms Beta
statement of claim
court of appeal
declaration of title
high court
idi-iroko olomoyoyo
amended writ of summons
writ of summons
amended statement of claim
ibadan road
learned trial judge
parcel of land
second application
annual rental value
awkward position
better position
brief judgment
civil procedure
claim of the appellant
court of appeal of the western state
d. a. r. alexander
high court of the former western state
land registry
land tenure
leading judgment
motion papers
order of the high court
orders of the high court
original statement of claim
parcel of land of the plaintiff
parcel of the plaintiff
relevant portions of the judgment
said land
statement of defence
supreme court
trial court
trial of the action
view of our observations

D. A. R. ALEXANDER, C.J.N. (Delivering the Leading Judgment): "The plaintiff's claim against the defendant is for -

(i) declaration of title to all that piece or parcel of the plaintiff's land at Idi-Iroko Olomoyoyo on the Lagos/Ibadan road;

(ii) injunction to restrain the defendants, his servants and agents from further trespassing on the said land;

(iii) 200.00 damages for alleged trespass. Annual rental value is 30.00"

Pursuant to an order for pleadings made by the High Court of the former Western State he filed a Statement of Claim in paragraph 3 of which he averred that the land in dispute was at Idi-Iroko Olomoyoyo on the Lagos/Ibadan road. The defendant/appellant, in paragraph 2 of his statement of defence denied paragraphs 2 to 16 of the plaintiff's statement of claim and put the plaintiff to the strict proof of all allegations therein contained. The respondent made two applications to amend the original Statement of Claim. In the second application he included a prayer to ame…

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