STRABAG CONSTRUCTION (NIG.) LTD
V.
IBITOKUN

(2010) JELR 51058 (SC)    

Supreme Court  ·  SC.272/2003 ·  4 Jun 2010 ·  Nigeria
CORAM
NIKI TOBI JSC (Presided) WALTER SAMUEL NKANU ONNOGHEN JSC IKECHI FRANCIS OGBUAGU JSC IBRAHIM TANKO MUHAMMAD JSC (Read the Lead Judgment) JOHN AFOLABI FABIYI JSC
Core Terms Beta
trial court
plaintiffs
appeal
2nd plaintiff
children of jagun ibagbe
3rd defendants
1st plaintiff
1st defendant
learned trial judge
findings of the trial court
lower court
jagun ibagbe family
statement of claim
cross-examination
evidence of the defendants
jagun village
learned justices of court of appeal
trial court’s judgment
7th defendants
alienation of the said portion of the land
authorization of plaintiffs
facts of the case
lead judgment
mogaji of jagun ibagbe family
notice of appeal
ojo section
plaintiffs claim
portion of jagun ibagbe family land
4th plaintiff’s witness
behalf of jagun ibagbe family
behalf of other defendants
behalf of the members of jagun ibagbe family
claims of the plaintiffs
considered judgment
decision of the court
end of trial
evidence shows
head of the family
high court of justice of oyo state
ibitokun family farms
learned trialjudge wasnot
oral evidence
order of this court
own ojo family land
such holding
treatment of issue
trial court’s findings

MUHAMMAD JSC (Delivering the Lead Judgment): At the High Court of Justice of Oyo State, holden at Ibadan (trial court), two plaintiffs in a representative capacity and on behalf of Jagun Ibagbe family, originally instituted the action which culminated into this appeal. The 1st plaintiff, the mogaji or head of the family, took ill during the proceedings in the suit and died before judgment was delivered, leaving the 2nd plaintiff to continue with the case. The claims of the plaintiffs as indorsed on the amended writ of summons and in paragraph 44 of the further amended statement of claim were as follows: “1. A declaration that the land in dispute situate, lying and being at Jagun village, Ife Road, Ibadan is a portion of Jagun Ibagbe family land.

A declaration that the purported lease or alienation of the said portion of the land in dispute by 2nd - 7th defendants to the 1st defendant is void and null not havingbeen made by or with the knowledge, consent or authorization of plaintiff…

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