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CaseLaw

Odeleye V. Orelusi (1991) CLR 4(o) (CA)

Judgement delivered on 19th April, 1991

Brief

  • Fresh evidence on appeal
  • Motion to adduce further evidence on appeal

Facts

In the High Court of Justice of Oyo State, Ibadan Judicial Division, Holden at Ibadan, the plaintiff's claim against the defendant was for the following-

  • 1
    a declaration of title In fee simple to all that piece or parcel of land situate, lying along Lagos Ikorodu Road, Ikorodu, Lagos which land is more particularly shown and delineated by beacon No.WN.2722 & WN.2723 respectively same marked red in plan No. L & L/CB.21 registered with Deed of grant dated 28th day of December, 1959 and registered as No. 17 at page 17 in Volume 358 of the Land Registry at IbadanN20,000.00 being general damages for trespass committed by the defendant to apiece or parcel of land situate near Liberty Academy High School, Ibadan and at, the. material times was and is in plaintiff s possession and more particularly described on the plan annexed to a deed duly registered in the lands Registry, Ibadan.
  • 2
    Injunction restraining the defendants, .his servants and/ or his agents from committing further acts of trespass upon the said land.

Annual rental value N100.00; and the relief sought for that claim was for special damages for acts of destruction caused by the defendant to the plaintiff: for destroying the plaintiff's hut put at N1,000.00, destroying the bamboo fence put at N2,000.00; uprooting plaintiff's pillars put at N500.00 and general damages for trespass put at Nl6,500,00. The total amount claimed in this relief was N20,000.00

The defendant also counter-claimed against the plaintiff for trespass and malicious damages claiming the total sum of N10,000.00 for such damages caused to the defendant by the plaintiff and also seeking perpetual injunction restraining the plaintiff, his servants or agents or otherwise from further trespassing on the defendant's piece or parcel of land. The case went to trial at the conclusion of which judgment was entered for the plaintiff on the 27th day of September, 1985

TThe defendant (now appellant) has appealed against that judgment to this Court

Issues

Whether this is a proper case in which the Court of Appeal should allow the...

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