(2011) JELR 46052 (CA)    

Court of Appeal  ·  CA/I/11/1995 ·  16 Jun 2011 ·  Nigeria
SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria MODUPE FASANMI Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria
Core Terms Beta
evidence act
disputed land
exhibit u
ogun state
traditional history
customary tenants
1st defendant
order of perpetual injunction
ownership of the land
previous proceedings
acts of ownership
evidence of traditional history
future acts of trespass
isheri oke-church
oba olugbakule
oba sarumi odunsi
olofin chieftaincy family
previous suit
3rd amended statement of defence of the appellants
4th-5th respondents of the kudoro family
above pleaded facts
additional grounds of appeal
appraisal of evidence
area of land
award of general damages
close of evidence
customary tenancy of the kudoro family
decision of the high court of justice
descendant of ogunfunminire
favour of the respondent
general damages of n15,000
grounds of appeal
issue of trespass
leading judgment
long possession of the land
oral evidence of the 1st pw
original notice of appeal
ownership of the disputed parcel of land
pleadings of the appellants
previous cases
respective title
respect of a parcel of land
respect of the disputed piece of land
respondents witness
said land
settled principles of law
statement of claim
uncle of 1st pw

JOSEPH SHAGBAOR IKYEGH, J.C.A (Delivered the Leading Judgment): The appeal came from a decision of the High Court of Justice of Ogun State, in the Otta Judicial Division, holden at Otta, setting aside the certificate of occupancy issued to one Chief E.S.B. Wilkey, the 1st defendant in the court below, in respect of a parcel of land located at Isheri Oke-Church in Ogun State, and awarding general damages of N15,000 to the Olofin Chieftaincy family and N25,000 to the 4th-5th respondents of the Kudoro family together with an order of perpetual injunction against appellants restraining them from committing further/future acts of trespass in respect of the disputed piece of land.

In summary, both disputants based their respective title to the land in dispute on traditional history or inheritance with the appellants' also placing reliance on acts of ownership over the said land; it was alleged on the issue of trespass that about 1969 appellants had sold the area of land allegedly trespassed…

There's more. Sign in to continue reading. is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login