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CaseLaw

Jinadu V. Esurombi-Aro (2009) CLR 4(d) (SC)

Judgement delivered on April 3rd 2009

Brief

  • Admissibility of evidence
  • Oral and documentary evidence
  • Declaration of title
  • Concurrent finding of fact

Facts

The Respondents were the Plaintiffs before the Lagos High Court where they claimed against the Appellants (as the Defendants) the following reliefs:

  • 1
    A declaration of title under native law and custom to all that parcel of land being part of Ojora Chieftaincy Family land situate at Iganmu, Lagos comprising inter alia Orile Iganmu, Aloko Sarage, Sari, Offa-Offin, Oso-Olodi, Tokosi, Coker, Ajade, Laniyonu, Tapa Bankole, Imoro and adjourning villages shown on Plan No.AI.641/1974;
  • 2
    Forfeiture of the customary tenancy and occupational right of all the Defendants and each of them in the land in dispute.
  • 3
    Possession of the said lands."

The parties filed and exchanged pleadings. The suit was heard by Segun C.J. On 13th December 2000, the trial Chief Judge in his judgment granted the claims of the Plaintiffs now Respondents. The counter-claims filed by some of the Defendants were dismissed. The Defendants/Appellants were dissatisfied with the judgment of the trial Court. They brought an appeal before the Court of Appeal, Lagos (hereinafter referred to as 'the Court below'). The Court below, on 8/11/2004 dismissed the appeal. Still dissatisfied, the Defendants/Appellants have come on-a final appeal before this Court.

Issues

  • 1
    Whether the Court of Appeal was right when it held that the...

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