Disable Preloader

CaseLaw

Alli & Ors V. Abasi & Ors (2000) CLR 4(ZJ) (SC)

Judgement delivered on April 7th 2000

Brief

  • Brief writing
  • Issues not raised in the Grounds of Appeal
  • Traditional history
  • Conflicts in evidence of traditional history
  • Inadmissibility of previous judgments – exception thereto
  • Oral evidence of tradition or traditional history in proof of title to land
  • Proof of ownership of land by evidence of traditional history
  • Proof of title to land
  • Section 45 of the Evidence Act
  • Wrongful admission of evidence
  • Error or mistake in a judgment of trial court
  • Making a case suo motu for parties and giving a judgment on the case formulated
  • Declaration of title to land
  • Res inter alios acta
  • Raising of issues suo motu by trial court

Facts

The reliefs sought by the plaintiffs (now appellants) against the defendants (now respondents) are for (a) a declaration to a statutory right of occupancy (b) N20,000.00 special and general damages for trespass and (c) an injunction to restrain against further trespass. It may be noted here that the actual respondent are the Ist – 5th representing the Aleshinloye family. It must therefore be borne in mind that the real contest was between the Oroye family (represented by the 1st & 2nd appellants) and the Alesinloye family. The 6th and 9th respondents say they bought land from Alesinloye family, while the 7th respondent says he never even went on the land much less claim any interest in it. The 8th respondent did not defend the suit. On 22 January, 1988, the learned trial Judge (Oloko, J.) in a considered judgment awarded the reliefs sought by the appellants in the following terms:

  • a
    "Declaration of Title to a Statutory Right of Occupancy over all that piece or parcel of land situate lying and being at Igbo-Ori-Oke via Express Road, Ibadan shown on Survey Plan No. LL 9684 dated 22/4/85.
  • b
    The sum of N12,000 (twelve thousand naira) awarded against the defendants being special and general damage for continuous acts of trespass committed and still being committed by the defendants on the land in dispute.
  • c
    An Order of Perpetual injunction restraining the defendants, the agents, servant, privies or any person claiming through or under them for committing further acts of trespass on the said land in dispute.”

The appeal of the respondents against that judgment was allowed by the Court of Appeal on 14 April, 1992 in a judgment in which no doubt a lot of reasoning was shown by Salami JCA.

Aggrieved, by this decision of the Court of Appeal, the plaintiff/appellant lodged an appeal at the Supreme Court.

Issues

  • 1
    Was the Court below not wrong in law when it held that Exhibit “A” was...
    • Read More