SOMADE & ORS.
V.
JAIYESIMI & ORS.

(2006) JELR 49522 (CA)    

Court of Appeal  ·  CA/I/149/02 ·  16 Feb 2006 ·  Nigeria
CORAM
FRANCIS FEDODE TABAI Justice of The Court of Appeal of Nigeria AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
appellate court
communal land
counter-claim
judgment of this court
statement of claim
statutory right of occupancy
cross-appeal
leading judgment
adisa v. oyinwola
finding of fact
following findings
ipoji homestead
parcel of land
possession of the land
resolution of the conflicting evidence
3rd appellant
4th appellants
above order of the lower court
area of ladejobi family land
cases of the parties
cases of the respective parties
comprehensive evidence
court order
credible evidence of their genealogy
customary tenants of the plaintiffs
decision of the trial court
dispute plan no. sac
entire area
evidence act cap
family ladejobi family
father of somade
high court of ogun state
lawal v. olufowobi
laws of the federation of nigeria
obawole v. williams
ogun state
ogun state high court rules
order of perpetual injunction
original defendant
own root of title
present appellants
proper order
property of the ipoji community of ofin sagamu
said plan
sc see
trial court fails
true owner

AUGIE, J.C.A (Delivering the Leading Judgment): This is an appeal and cross-appeal against the Judgment of Olatoye, J., of the High Court of Ogun State, Sagamu, in the suit filed by the Respondents, wherein they claimed against the original Defendant (now deceased) - a declaration that "all that piece or parcel of land known as Sakura - - is the property of the Ipoji Community of Ofin Sagamu"; forfeiture of the customary tenancy of the Defendant and his family; and perpetual injunction, Pleadings were exchanged, but after a number of amendments, trial commenced with their 3rd Further Amended Statement of Claim and Plan dated 30th October 1997, filed together with an Amended Writ of Summons dated the same day.

In paragraph 51 of the 3rd Further Amended Statement of Claim, the Respondents claimed as per their writ of summons; and their claims against the present Appellants in the Amended Writ of Summons, are as follows-

1. Declaration that the Plaintiffs are the persons entitled to the …

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