Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



YAKEEN ALABI ODONIGI
V.
AILERU OYELEKE

(2001) JELR 80436 (SC)    
Supreme Court  ·  SC.304/2017 ·  23 Feb 2001 ·  Nigeria
 · 
Other Citations
Odonigi v. Oyeleke (2001) 6 NWLR (Pt.708)12 (2001) 2 S.C 194
CORAM
ABUBAKAR BASHIR WALI, JSC EMMANUEL OBIOMA OGWUEGBU, JSC UTHMAN MOHAMMED, JSC UMARU ATU KALGO, JSC AKINTOLA OLUFEMI EJIWUNMI, JSC

Ratio Decidendi

Core Terms Beta
appellant
issue
lower court
case
rem judicatam
court
exhibits d1
issue estoppel
learned counsel
learned trial judge
judicial body
olojoku of ojoku
court of appeal
trial court
judicial tribunal
oyun local government
competency of grounds of appeal
criminal trespass
decisions of this court
findings of the learned trial judge
form of estoppel
grave error
leading judgment
said land
statement of claim
totality of the evidence
appellant's case
considered judgment
end of the evidence
evidence of the ownership of the land
kalgo j.s.c.
learned trial judge gbadeyan j.
local government of kwara state
logo of ojoku grammar school
main reason
offa magistrate's court proceedings
office show
ojoku town hall
ojoku town of kwara state
olojoku family
p.232 of the record
rem judicata
respondent's case
status of customary arbitration
unanimous decision
unjustified scathing remarks
view of the available facts


KALGO J.S.C. (Delivering the Leading Judgment): In his amended statement of claim, the respondent herein as plaintiff in the trial court, claimed against the appellant the sum of ₦1,000.00 (One Thousand Naira) as damages for trespass on the respondent's family land which he described in paragraph 46 of the amended statement of claim. The appellant also filed an amended statement of defence in which he denied the claim (paragraph 17) and also averred in paragraphs 19 and 20 that the land in dispute belonged to his family from time immemorial. By these assertions in their respective pleadings, the parties have clearly joined issue on the question of title to the land in dispute even though the original claim was on trespass.

At the trial both parties called witnesses to prove their case on their pleadings and at the end of the evidence, learned counsel filed in court and exchanged between themselves. written addresses on the law and evidence produced before the court. The learned trial …

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