Compulaw - 1st Indigenous Digital Law Library

Brief

Concurrent finding of courts
Contract of insurance
Uncontroverted evidence of party

Facts

The Plaintiff's claim against the Defendant at the Federal High Court Kaduna was in the following terms:

1.
A declaration that the Plaintiff is entitled to a customary right of occupancy of a parcel of land situate along College Road, Igbokoda which is bounded on one side by Ilaje High School, on the second side by the building of Mr. Jeje, on the third side by College Road and on the fourth side by Toloki Stream.
b.
N150.000.00 being the amount the Plaintiff paid for clearance and import duties for the goods imported and insured with the Defendant
2.
An order of perpetual injunction.
3.
N10,000.00 general damages for trespass.

The location and description of the said land was further particularly pleaded in paragraph 9 of the Amended Statement of Claim thus:

"The land in dispute is bounded on the east by the uncompleted building of Mr. Cornelius Jeje, on the west by Ilaje High School, Igbokoda. on the North by Toloki Stream and on the south by College Road, Igbokoda."

Then in paragraph 10, it was averred:

"The land to the south of College Road, Igbokoda is also part of Lebile Okunnuwa family land."

The relevance of these averments shall be shown later in this judgment.

In a judgment delivered on 26 November, 1991, by the High Court at Okitipupa presided over by Ajayi J., the action was dismissed. The Court of Appeal, Benin Division affirmed the Judgment on December 1, 1995.

Leadway Assurance V. Zeco (2004) CLR 4(e) (SC)

Judgement delivered on April 16th 2004

Brief

Facts

Issues