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CaseLaw

Olowosago & Ors.Olufosoye V. Olorunfemi (1989) CLR 1(e) (SC)

Judgement delivered on January 13th 1989

Brief

  • Non suit
  • Concurrent finding of fact
  • Evaluation of evidence
  • Declaration of title
  • Trespass
  • Damages
  • Perpetual injunction
  • Boundaries of land in dispute

Facts

The plaintiffs/Appellants claimed in the Court of first instance the following:

  • 1
    “A declaration of title under Native Law and Custom to all that piece or parcel of land situate lying and being at Oke Obara, along Ondo/Akure Road, Ondo, which is more particularly shown and verged Red in plan No. JFGO 6642……
  • 2
    N1,000.00 being general damages for trespass
  • 3
    Perpetual Injunction restraining the defendant, his servants agents and privies from committing further acts of trespass on the said land.

Pleadings and plans were ordered, filed and duly exchanged. Either party in the course of the proceedings amended its original pleading and the case was ultimately fought on the Amended Statement of Claim and the Amended statement of Defence. After due trial on relevant and available evidence Afonja, J. of the Ondo State High Court dismissed the plaintiffs claims as contained in the writ and their pleading.

Dissatisfied and aggrieved the plaintiffs appealed, to the Court of Appeal Benin Division, against the said judgment of Afonja, J. In a lead judgment delivered by Ete, J.C.A. (in which Omoigberai Ebonh and Okagbue JJ.C.A. concurred), the Court of Appeal upheld the judgment of the trial court and dismissed in its entirety the appeal of the plaintiffs. The present appeal to this Court is from that judgment of the Court of Appeal.

The facts in brief, are as follows: the land in dispute formerly formed part of the land owned by one Aige, a Yoruba man and native of or an indigene of Ikorodu, Lagos State under customary law or native law and custom. On his death intestate, the property devolved on his children as family property. At some time later, the family decided to partition the family property at Aige family and allotted the land in dispute to one of the descendants of Aige by name Chief T.K. Dada. After his death, the family conveyed by deed of grant the said parcel of land to:

Issues

  • 1
    When the exact boundary of the land is not known, can a party maintain

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