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CaseLaw

Abidoye V. Alawode (2001) CLR 4(a) (SC)

Brief

  • Ground of appeal
  • Evaluation of evidence
  • Concurrent finding of fact
  • Deed (Who can sue on)
  • Interpretation of documents
  • Family Propert
  • Declaration of title to land

Facts

Before Popoola, J. sitting at the High Court of Justice of Osun State holden in Osogbo in Suit No. HOS/32/86, the Appellants as defendants were sued by the Respondents who were plaintiff, claiming the following reliefs:

  • i
    "Declaration that the plaintiffs are entitled by customary derivation to statutory certificate of occupancy in respect of all the piece or parcel of land situate lying and being at Ororuwo, Ifelodun Local Government Area and which land will be more particularly described and delineated on survey plan to be filled later.
  • ii
    N5,000.00 being general damages for trespass committed by the defendants on the said plaintiff’s land.
  • iii
    Injunction restraining the defendants, their servants, agents or privies from committing further acts of trespass on the said land.”

Pleadings were ordered, filed and exchanged by the parties with both parties in the interval being afforded the liberty to amend them before the case went to trial. After taking evidence adduced by both sides, the learned trial Judge in a reserved and well considered judgement, proceeded to grant the plaintiffs the first leg of their claim and founded on their plan No AAY715 of 19/8/69 while dismissing the remaining two.

The appeal to the Court of Appeal by the appellants was dismissed; hence this further appeal to the Supreme Court

Issues

  • 1
    Whether the Court of Appeal properly evaluated the evidence and...
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