Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OYENEYIN & ANOR.
V.
AKINKUGBE & ANOR.

(2000) JELR 44089 (CA)    

Court of Appeal  ·  CA/B/353/96 ·  16 May 2000 ·  Nigeria
 · 
Other Citations
Oyeneyin v. Akinkugbe (2001) 1 NWLR (Pt.693)40
Oyeneyin v. Akinkugbe (2001) 1 NWLR (Pt. 693) 40
CORAM
SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria BABA ALKALI BA'ABA Justice of The Court of Appeal of Nigeria SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
land
1st defendant
trial court
learned trial judge
evidence
learned counsel
issues
exhibit a
exhibits
counter claim
trial judge
deed of gift
root of title
amended writ of summons
issue no.
2nd appellants
2nd plaintiffs
ajaka families
late father of the respondents
tenant law cap
1st cross respondent
1st december
2nd defendants
2nd respondents
award of costs
basis of the trial judge
evidence of d.w.3
evidence of the purported gift
exhibits h
following reliefs
high court of justice
joint statement of claim
late father
leading judgment
leave of this court
order of the learned trial judge
plaintiffs claim
resume of their evidence
said award
said exhibits
said portion of land
sawmill business
survey plans of the land
tenant agreement

IBIYEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Olamosu J. sitting in the High Court of Justice in Ondo delivered on the 20th of February, 1995.

The 1st and 2nd plaintiffs now 1st and 2nd respondents in this appeal filed subsequent to an amended writ of summons, a joint statement of claim and reply and defence to the counter claim which were amended several times over and were eventually titled further amended statement of claim with the plaintiff's reply and defence to the 2nd defendant's counter claim. The 1st and 2nd defendants who are the 1st and 2nd appellants in this appeal on the other hand filed separate statement of defence with counter claim albeit amended respectively. The 1st and 2nd plaintiffs sought the following reliefs in their paragraph 27 of the further amended statement of claim against the 1st defendant.

"27. Where upon the plaintiffs claim against the 1st defendant:

(i) Possession.

(ii) ₦100 per day from 1st December, 1…

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