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…

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