CaseLaw
Ogunsina V. Matanmi (2001) CLR 4(m) (SC)
Judgement delivered on April 6th, 2001
Brief
Facts
Appellants as plaintiffs sued the respondents for Declaration that they are entitled to customary and statutory rights of occupancy on a piece or parcel of land; Forfeiture of whatever interest the defendants may have on the land for misconduct; and Injunction to restrain the defendants, privies and agents from alienating leasing or doing anything on the land without the consent or approval of the plaintiffs.
Appellants filed a 38 - paragraphs amended statement of claim and the respondents filed a 58 - paragraphs amended statement of defence denying the appellants' claims and setting up a counter – claim.
After hearing evidence and addresses of counsel, the learned trial Judge, (Desalu, J.) dismissed all the three arms of the claim in their entirety. Appellants filed a 38 - paragraphs amended statement of claim and the respondents filed a 58 - paragraphs amended statement of defence denying the appellants' claims and setting up a counter – claim.
Parties called witnesses in support of their respective pleadings at the end of which their counsel addressed the court. The learned trial judge, Sogbetun J. delivered a considered judgement on the 20th of January 1987, in which he upheld the counter- claim of the respondents and dismissed the appellants' claims.
Dissatisfied with this decision, the appellants appealed to the Court of Appeal Ibadan, which heard the appeal, dismissed it and affirmed the decision of the trial court.
The appellants have further appealed to the Supreme Court.