CaseLaw
Olusanya Vs. Osinleye (2013) CLR 5(a) (SC)
Judgement delivered on May 24th 2013
Brief
Facts
The facts of the case briefly are that the Appellant and Respondent are neighbours at Itun Igodo Quarters Ode Remo, the Appellant and the Respondent's father having purchased adjacent pieces of land from one Pa Ogunmeru. Appellant purchased his piece of land in 1960 while the Respondent's father purchased his own piece of land in 1952. Survey plans relating to the land and prepared by PW 1 were tendered and admitted in the trial court as exhibits A and B. What was in serious contention in the High Court and the court below was the allegation by the Appellant that the Respondent buried his father on the access road thereby denying him access to his building. The Respondent said he lodged a complaint before the Town Planning Authority whose officials came on to the site and placed a contravention notice, inspite of which the Respondent later fenced the grave. Appellant sought for an order of court that the road be left as it was in 1960. Respondent's position was that the area described as an access road by the Appellant was actually not an access road but part of his (Respondent's) father's property. In a considered judgment delivered on the 28th February, 1996, the learned trial Judge dismissed the Appellant's claim in its entirety and awarded N7,500.00 costs in favour of the Respondent.
Aggrieved the Appellant appealed to the Court below which allowed the appeal of the Appellant on costs while dismissing the appeal on the other reliefs sought by the Appellant. This is a further appeal by the Appellant to this court.
Issues
"Whether the Courts below were correct in their concurrent finding that the...