(1997) JELR 45369 (CA)    

Court of Appeal  ·  CA/K/23/96 ·  21 Mar 1997 ·  Nigeria
Other Citations
Owonikoko v. Arowosaiye (1997) 10 NWLR (Pt.523)61
Owonikoko v. Arowosaiye (1997) 10 NWLR (Pt. 523) 61
UMARU ABDULLAHI Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
exhibit d1
present case
abuse of court process
rem judicatam
subject matter
trial court
upper area court
merits of the case
learned counsel
lower court
abuse of the process of the court
grounds of appeal
merit of the case
present action
present suit
area court
circumstances of this case
claims of the appellants
decision of the lower court
full trial
court of first instance
ibolo grade
inherent powers
vital role
case of the appellants
commissioner of police
contents of the said exhibit
decision of the learned trial judge
elelu-habeeb j. of the kwara state high court of justice
first issue
following words
ibolo grade i area court
leading judgment
lead judgment
magbon area erinile
notice of appeal
open court
oral argument
order of perpetual injunction
own defence
parcel of land being
record of proceedings
res judicata of the present case
statutory right of occupancy
total failure

MOHAMMED, J.C.A. (Delivering the Leading Judgment): The parties in this appeal were before Elelu-Habeeb J. of the Kwara State High Court of Justice sitting at Offa where the appellants as plaintiffs claimed in their writ of summons the following reliefs -

"(a) Declaration that the plaintiffs are the persons entitled to a customary/statutory Right of Occupancy over and above all that piece or parcel of land being, lying and situate at MAGBON AREA ERINILE, particularly the land called Am Family land.

(b) The sum of N2,000.00 being damages for trespass and waste committed on the land by the defendant.

(c) An Order of perpetual injunction restraining the defendant by himself, agents, servants, privies and others deriving title under him howsoever from disturbing trespassing, dealing with or in any other way tamper with the plaintiffs peaceable possession of the parcel of land."

After the exchange of pleadings between the parties, the case went into full trial in the course of which the ap…

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