CaseLaw
Ologunleko V. Ikuemelo (1993) CLR 2 (I) (CA)
Brief
Facts
The appellants were the defendants in the High Court of Lagos State and the respondents the plaintiffs to 13 the suit claiming:The evidence led by the appellant was that the land in dispute was a virgin land when his ancestors Abgogun and Olanusi, who were children of Oyanusi, settled upon it. They used the land for farming and their children/descendants also farmed on it. The appellant gave the boundaries of the land in dispute which did not really tally with the boundaries thereof stated in the Amended Statement of Claim.
Sometime in December, 1983, the appellant saw the 1st respondent building a house on the land in dispute. The defence of the 1st respondent was that he acquired the land in dispute through the Ludonrongu family.
The learned trial Judge, after consideration of the evidence led by both parties and the submissions of their learned counsel, dismissed the appellant's claim in its entirety. He held that the appellant failed to establish the boundaries of the land in dispute stated in the Amended Statement of Claim and that on that ground alone his claim should fail. He also held that the land in dispute was originally a family and as there was no evidence that it had been partitioned, the appellant's claim could not succeed.
Dissatisfied with the judgment of the learned trial Judge, the appellant has appealed to this Court.