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CaseLaw

Okere V. Fashawe (2005) CLR 7(g) (SC)

Judgement delivered on July 8th 2005

Brief

  • Issues for determination
  • Admissibility of evidence
  • Burden of proof
  • Title to land

Facts

In his amended statement of claim, in suit No. LD/3396/95 at Lagos Judicial Division of the High Court of Lagos State, the Plaintiff claimed against the Defendant as follows:-

  • 1
    A declaration that the Plaintiff is the person entitled to the statutory right of occupancy and/or Certificate of Occupancy of all that piece of land together with the storey building consisting of six flats thereon situated, lying and being No.19, Oluwasanmi Close Mafoluku, Oshodi, Lagos State and more particularly described and delineated in the Survey Plan No.FL502 of 29/9/72 drawn by A.O. Adebogun Licensed Surveyor.
  • 2
    Possession of the said property and N100,000.00 (One hundred thousand Naira) only being accrued rents in respect of the said property. The Defendants their servants, agents and/or privies on the property in dispute.
  • 3
    A Declaration that the Defendants have incurred forfeiture of their tenancy in respect of the said storey building subject matter of this suit.
  • 4
    A PERPETUAL INJUNCTION restraining the Defendant by themselves, their servants, agents and/or privies howsoever called from occupying the said house as tenants or otherwise."

After the delivery and exchange of pleadings, the matter went to trial. The Plaintiff did not give evidence but called two witnesses. The 1st Defendant, a tenant in the premises testified for himself and denied the claims of the Plaintiff. The 2nd - 5th Defendants called 3 witnesses. At the conclusion of the taking of oral evidence, the parties submitted written addresses. In his judgment delivered on 5th December, 1996, the learned trial Judge found for the Plaintiff and entered judgment in terms of the amended statement of claim recited above. The 2nd - 5th Defendants felt aggrieved with the judgment and appealed to the Court of Appeal. In its decision delivered on the 21st day of June, 2000, the Court of Appeal, Lagos Division, dismissed the appeal of 2nd to 5th Defendants and this is a further appeal with leave to this Court.

Issues

Whether on a proper evaluation and appraising of the pleaded facts,...

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