n Compulaw - 1st Indigenous Digital Law Library
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CaseLaw

Oni V. Olokun (1995) CLR 1(K) (CA)

Brief

  • Declaration of title,
  • Proof of title to land

Facts

The plaintiffs by writ of summons dated 13th August, 1987 are claiming against the defendant a declaration;

  • "that the land situate lying and being at Ahere (Aiyegbaju) was owned originally by Olumogbe family for the use of Osu Community as Aiyeyemi market and as was not granted to defendant's father Aro"

Pleadings were filed and exchanged. Thereafter evidence were led by both the plaintiff and the defence. The learned trial Judge, Adeyemi, J after addresses by counsel, in a reserved judgment, found the plaintiffs claim successful and gave judgment in favour of the plaintiffs as per their writ of summons and paragraph 29 of their statement of claim. Paragraph 29 of the statement of claim is a mere verbatim repetition of the claim set out in the writ of summons.

The defendant was unhappy with the judgment and felt aggrieved hence the instant appeal which was brought on 4th of August, 1988 against the decision of the court below delivered on the 17th June, 1988. The notice of Appeal dated the 27th July, 1988 contained 10 grounds of appeal, the omnibus ground inclusive.

Issues

  • 1
    Whether the claim of the respondents could have been regarded as a...

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