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 …

YAKEEN ALABI ODONIGI V. AILERU OYELEKE

YAKEEN ALABI ODONIGI
V.
AILERU OYELEKE