(2005) JELR 45219 (SC)    

Supreme Court  ·  SC.228/2000 ·  7 Jan 2005 ·  Nigeria
Other Citations
Oyadare v. Keji (2005) 7 NWLR (Pt.925) 571 (2005) 1 S.C (Pt I) 19 (2005) 1 S.C (Pt I) 19
Oyadare v. Keji (2005) 7 NWLR (Pt. 925) 571
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
court of appeal
acts of ownership
traditional evidence
root of title
traditional history
acts of possession
instant case
respect of the land
high court
judgment of the trial court
perpetual injunction
positive acts of ownership
principal issue
trial court
above reasons
acts of trespass
end of the trial
enter judgment
leading judgment
learned judge
light of the foregoing authority
members of the apete family
said land
above extract of the judgment
claims of the plaintiff
clear dichotomy
decision of the court of appeal
failure of a claim
form of traditional evidence
high court of justice
judgment of trial court
judgments of the trial high court
lead judgment of okunola
order of perpetual injunction
own issues
plan no. o.b.5136
pleaded title
present case
wrong doers

KUTIGI, J.S.C. (Delivering the Leading Judgment): In the High Court of Justice, holden at Ibadan, the plaintiff sued the defendants for the following reliefs:-

(i) Declaration that the plaintiff and other members of the Apete family are entitled to apply, for a certificate of occupancy in respect of the land in dispute which is at Aba Ayinde, Off Challenge, near Liberty Academy, near Odo-Ona, Elewe, Ibadan measuring 91.55 acres in area and more particularly shown on plan No. O.B.5136 of 22/10/1984 prepared by O. Bangbose, Esq. Licensed surveyor.

(ii) N20,000 general damages suffered by the plaintiff when the defendants unlawfully entered the plaintiff's said land by themselves and thugs and destroyed plaintiff's survey pillars and crops thereon sometime in August, 1984.

(iii) Perpetual injunction restraining the defendants, their servants, agents, privies, anyone claiming through or under them from -

(a) Further going into the plaintiff's said land, that is, the land in dispute.

(b) …

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