(2002) JELR 44606 (CA)    

Court of Appeal  ·  CA/L/400/97 ·  10 Jul 2002 ·  Nigeria
SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria AMIRU SANUSI Justice of The Court of Appeal of Nigeria
Core Terms Beta
dende balogun
general damages
special damages
tajudeen ofege
mudasiru ofege
deed of conveyance
learned trial judge
mudasiku ofege
family meeting
5th p
exhibit p1
parcel of land
amended statement of claim
balogun street
head of lawani balogun family
head of the lawani balogun family
said lawani balogun
virtue of a deed of conveyance
yoruba native law
accredited representatives of the late lawani balogun
a.l.a.l. balogun j.
balogun layout
brief of argument
conclusion of the case
dade balogun
evidence act
following orders
following terms
force of the land use act
lawani balogun alias lawani alagba
lawani giwa
leave of court
main issue
owner of the land
partition of the family land
partition of the land
personal effects of the late lawani balogun
said grounds of appeal
said land
said lawani balogun family
second witness
sufficient material
thomas v. holder

P. O. ADEREMI, J.C.A. (Delivering the Leading Judgment): The action leading to this appeal was commenced on 17th February, 1976 (before coming into force of the Land Use Act 1978).

By the endorsement on the writ of summons, the plaintiff/hereinafter referred to as the respondent) claimed against the defendant (hereinafter referred to as the appellant) the following reliefs:

(1) A declaration of title in fee simple or alternatively under Yoruba Native Law and Custom to that piece or parcel of land situate at Balogun Street, Ikeja known as Plot 27 Balogun Layout.

(2) N3,490.00 being special and general damages for trespass committed by the defendant and/or his agents.

(3) Injunction restraining the defendant, his servants and/or agents from further trespass on the land.

Pleadings were ordered and filed by the parties. With the leave of court, both parties amended their respective pleadings.

The final pleadings filed and exchanged between the parties and upon which the case was fought an…

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