SANNI
V.
ADEMILUYI

(2003) JELR 50935 (SC)    

Supreme Court  ·  SC.15/1997 ·  17 Jan 2003 ·  Nigeria
CORAM
MICHAEL E. OGUNDARE, JSC (Presided and Read the Lead Judgment) UTHMAN MOHAMMED, JSC SYLVESTER UMARU ONU, JSC ALOYSIUS IYORGYER KATSINA-ALU, JSC NIKI TOBI, JSC
Core Terms Beta
counsel
plaintiff
court
appeal
court of appeal
issues
learned trial judge
trial court
trial judge
high court
plaintiff’s case
native law
ooni of ife
grounds of appeal
statutory right of occupancy
customary court
custom of ife
idi-ogun village
respect of land
credible evidence
favour of the appellant
land use act
lead judgment
plaintiff’s claim
proper order
action subject of land
admitted exhibits
amended statement of claim
brief of argument
case laws
findings of fact
judgment of the trial high court
learned judge
possession of the farmland
respondent’s father
said farmland
decision of the trial court
family of the said okero ademiluyi
grant of the land
high court of osun state
judgment of the trial
lawful occupation possession of the said land
learned trial judge adeniran j.
learned trial judge’s consideration
leave of this court
own respondent’s brief
plaintiff’s counsel
reserved judgment
trial

OGUNDARE, JSC (Delivering the Lead Judgment): By paragraph 23 of the amended statement of claim the plaintiff (who is the respondent in this appeal) had claimed from the defendant, now appellant: “23. Whereof the plaintiff’s claim against the defendant is for a declaration that the plaintiff is entitled to occupation and possession of the farmland situate lying and being at Idi-Ogun village, Ife in accordance with native law and custom of Ife having been in lawful occupation possession of the said land long before the Land Use Act.

The plaintiff also claims perpetual injunction restraining the defendants his servants, agents or privies from further entry or trespass on the said farmland.” The defendant resisted the claim and filed a statement of defence which he subsequently amended. The matter went to trial at which the parties called witnesses. After learned counsel for the parties had addressed the court, the learned trial Judge Adeniran J., in a reserved judgment found plaintiff’…

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