TIAMIYU
V.
OLAOGUN

(2008) JELR 49415 (CA)

Court of Appeal · CA/I/208/04 · 28 Jan 2008 · Nigeria

CORAM

MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

defendant

learned trial judge

appellant

rem judicatam

high court

learned counsel

plea of estoppel

trial judge

notice of appeal

salamotu onigba

cross appeal

counterclaim of the appellant

final judgment

totality of the evidence

decisions of the federal high court

following cases

leave of court

leave of this court

parcel of land

present case

refusal of the trial court

statement of claim

supreme court

above claim

afwlr page

cases of b.o.s.i.e.c. v

court of appeal rules

cross-respondent

customary right of occupancy

defendant counter claims

documentary evidence

evidence of title of the appellant

favour of any party

grounds of appeal

interlocutory decisions

judgment of the lower court

leading judgment

ogunbode olaogun family

order absolute

respect of the interlocutory decision of the lower court

separate suit

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): The Respondent as plaintiff, in his amended statement of claim claimed against the defendant as follows:

"(1) Declaration that the plaintiffs are entitled to the Statutory or Customary Right of Occupancy in respect of all that piece or parcel of land situate, lying and being at Ode's compound.- Olupoyi Street, Corner Tapa, Alagogo Area, Ibadan, bounded on the four sides as follows:-

On the first side by Ganiyu Aboderin's land;

On the second side by Abioye's land;

On the third side by Lasisi Eniola Olaogun's land;

On the fourth side by Adekunle Akere's land.

(2) The sum of ONE THOUSAND NAIRA (N1,000.00) being damages for trespass committed by the Defendant at the said Plaintiffs' land, situate, lying and being at Ode's compound, Olupoyi Street, Corner Tapa, Alagolo Area, Ibadan bounded on the far sides as follows:-

On the first side by Ganiyu Aboderin's land;

On the second side by Abioye's land;

On the third side by Lasisi Eni…

TIAMIYU V. OLAOGUN

TIAMIYU
V.
OLAOGUN