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CaseLaw

Oguntade V. Oshunkeye (2007) CLR 7© (SC)

Judgement delivered on July 13th 2007

Brief

  • Issue not relating to ground of appeal
  • Issues for determination
  • Title to land
  • Finding of fact

Facts

In the High Court of Justice of Lagos State, in the Ikeja Judicial Division and in Suit No. ID/133/81, the first Respondent herein as the Plaintiff commenced these proceedings against the Appellant as the Defendant claiming in his writ of summons as follows:-

  • 1
    "The sum of N50,000.00 being damages for trespass committed by the Defendant, his agents, servants and privies on Plaintiff's landed property at Sholuyi Village, Gbagada, Ikeja Division of Lagos State and which said land with its dimensions and abuttals are more particularly described and delineated on the plan No. CD/41/71 drawn and attached to the Deed of Conveyance dated 18th December, 1972 and registered as No. 61 at page 61 volume 1467 of the Lands Registry Office Lagos and therein edged Pink."
  • 2
    "Injunction restraining the Defendant by himself, his servants and/or agents and otherwise from going or otherwise trespassing on or in any manner interfering with the Plaintiff's possession or right of occupancy on the said land."

On the 30/11/1981, Ejiwunmi, J., as he then was, granted the application filed by the 2nd Respondent to join in the suit as the 2nd Plaintiff. After a lot of delays caused by many factors until 1989 when the trial of the matter proceeded after the amendment of pleadings. The Plaintiffs testified and called other witnesses. When after many adjournments, the Defendant could not commence his defence, the trial Court closed the defence and eventually took the address of Counsel. Judgment was delivered in favour of the Plaintiffs on the 2/12/1991. The Defendant felt unhappy with the decision and appealed to the Court of Appeal. In its consideration of the issues submitted to it for the determination of the appeal by both parties, the Court of Appeal, in its judgment per Oguntade JCA, as he then was, who read the lead judgment stated:-

  • "The Appellant did not call evidence at the trial. The result is that the evidence called by the Respondents was unchallenged. When evidence called by a witness is unchallenged, the Court is at liberty to accept such evidence in proof of the issue in contest. The lower Court was therefore right to have accepted the evidence before it in proof of the fact that the Appellant committed act of trespass on the land in the Respondents' possession."

The appeal accordingly failed and was dismissed.

Issues

  • 1
    Whether the Court of Appeal was not in error in affirming the decision of the trial...
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