(2003) JELR 44912 (CA)    

Court of Appeal  ·  CA/I/142/2001 ·  17 Apr 2003 ·  Nigeria
Other Citations
Oyebanji v. Lawanson [2004] 13 NWLR (pt.889)62
MURITALA AREMU OKUNOLA Justice of The Court of Appeal of Nigeria FRANCIS FEDODE TABAI Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
olugbode family
limitation law
statement of claim
busari agboade olugbode
better title
writ of summons
deed of conveyance
statement of defence
case of the appellants
common ground
evidence of the dw2
exhibits c
father of the plaintiffs
leading judgment
principal members
purchase price
vendors of exhibit b
actual trial
branches of the said family
briefs of argument
case ought
claim of the plaintiffs
close of evidence counsel
contending parties
effective possession of the land
evidence of the 1st plaintiff
execution of exhibit b
finding of the learned trial judge
first issue of jurisdiction
head of the olugbode family
lands registry
laws of oyo state of nigeria
laws of western region of nigeria
member of the said olugbode family
number of documentary evidence
production of deed of conveyance exhibit b
property of bamidele ayinla lawanson
reason of the limitation law of oyo state
respective vendors
right of the owner of such land
said olugbode family
said paragraph
strongest evidence
supreme court decisions
testimony of witnesses

FRANCIS FEDODE TABAI, J.C.A. (Delivering the Leading Judgment): The claim of the plaintiffs who are respondents herein against the defendants who are appellants herein was for:

"(a) N10,000.00 damages for trespass being presently committed by the defendants on the property of Bamidele Ayinla Lawanson (deceased), the father of the plaintiffs lying and being at Orita Bashorun Abas Road, Ibadan covered by deed of conveyance registered as 50/50/35 of the Lands Registry, Ibadan.

(b) Perpetual injunction restraining the defendants by themselves, their agents, servants and privies from committing further trespass on the land."

Pleadings were filed and exchanged. The actual trial involved the testimony of witnesses for both parties. There were a number of documentary evidence as well. At the close of evidence counsel for the parties addressed the court.1

On the 14/7/99, the learned trial Judge entered judgment for the plaintiffs/respondents. Aggrieved by the decision, the appellants filed thi…

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