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CaseLaw

Anibire Vs. Womiloju (1993) CLR 4(k) (CA)

Judgement delivered on 13th April 1993

Brief

  • Brief writing
  • Findings of fact
  • Grounds of appeal
  • Misdirection
  • Customary tenancy
  • Forfeiture and injunction

Facts

At the High Court of Justice, Ilaro in Ogun State, Ajibola, J. entered judgment against the plaintiffs by dismissing their claims totally.

The plaintiffs had claimed the following reliefs against the defendants-

  • 1
    "Declaration that the plaintiffs are entitled to a statutory/customary right of occupancy to the piece or parcel of land situate, lying and being at Orile-Agbogbo, Olorunleke, Ado-Odo Local Government area of Ogun State.
  • 2
    Declaration that the defendants have incurred forfeiture under native law and custom of the land described above which they occupy as plaintiffs' tenants, which land is shown on survey plan to be filed later.
  • 3
    An order that the said defendants, their servants or agents do deliver up possession of the said land to the plaintiffs.
  • 4
    Perpetual injunction restraining the defendants their servants and/or agents from any further entry on the said land."

The parties exchanged their pleadings. The plaintiffs called five witnesses in support of their case. The defendants called nine witnesses to prove their case. Both counsel addressed, the court. The learned trial Judge reviewed the cases as presented by both parties at the end of which he dismissed the plaintiffs' case. The plaintiffs were dissatisfied with the judgment of the trial court and on December 4, 1987, they filed a notice of appeal against the said judgment.

Issues

Whether the learned trial Judge having found as a fact, that the appellants had...

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