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CaseLaw

Adeyemo V. Arokopo (1988) CLR 6(c) (SC)

Judgement delivered on June 3rd 1988

Brief

  • Evaluation of evidence
  • Finding of fact on evidence on record
  • Retrial order

Facts

The appellant in this matter initiated proceedings in this matter by filing a calm in the Ibadan City No.1 Grade A Customary Court in May, 1972. The claim was for:

  • 1
    "Declaration of title to a parcel of land situate at Poponla beyond Molete, Ibadan in Western State of Nigeria the boundaries of which shall clearly showed in a survey plan to be filed later in the action.
  • 2
    250 pounds being general damages for trespass committed by the defendant, his servants/or agents on the said land on or about July, 1969 and still continuing.
  • 3
    Injunction to restrain the defendants, his servants/and or agents from entering or committing further trespass on the said land.

The value of the land is 250.00. Pounds”

After hearing evidence from the witnesses called by the plaintiff and the witnesses called by the defendant, the learned Chief Customary Court President dismissed the claim in the following words:

  • “From the evidence before me, it is quite clear that the plaintiff is not an exclusive owner. Claim for a decree of declaration of title is therefore dismissed. Claim for damages and injunction therefore fails and is dismissed.”

    • The plaintiff was not satisfied with the judgment and so he appealed against the decision to the High Court.

    Before the hearing of the appeal, the original defendant Oladoja Aropoko, died.

    The appellant then sought and obtained an order to substitute Okunola Aropoko for the deceased from the High Court.

    The High Court, allowing the appeal, made an order of retrial which the appellant opposed on the ground that he was entitled to judgment on the evidence. He therefore appealed against the order of retrial to the Court of Appeal, which dismissed the appeal as lacking merit. He appealed further to the Supreme Court.

Issues

  • 1
    Where the plaintiff claims to be in possession of land as owner and the...
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