(2003) JELR 44790 (SC)    

Supreme Court  ·  SC.15/1997 ·  17 Jan 2003 ·  Nigeria
Other Citations
Sanni v. Ademiluyi (2003) 3 NWLR (Pt.807)381 (2003) 1 S.C (Pt.I) 77 (2003) 1 S.C (Pt.1) 77
MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
stool land
learned trial judge
trial court
trial judge
high court
native law
grounds of appeal
okero ademiluyi
ooni of ife
statutory right of occupancy
customary court
custom of ife
respect of land
credible evidence
favour of the appellant
idi-ogun village
land use act
proper order
action subject of land
amended statement of claim
brief of argument
case laws
judgment of the trial high court
learned judge
possession of the farmland
said farmland
counsel olatunde shonibare esq
decision of the trial court
family of the said okero ademiluyi
grant of the land
high court of osun state
judgment of the trial
leading judgment
learned trial judge adeniran
leave of this court
m. e. ogundare
own respondent
possession of the said land
reserved judgment

M. E. OGUNDARE, J.S.C. (Delivering the Leading 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 and possession of the said land long before the Land Use Act.

The plaintiff also claims perpetual injunction restraining the defendant, 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 …

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