Compulaw - 1st Indigenous Digital Law Library

Brief

Representative action
Concurrent finding of fact
Evaluation of documentary evidence
Traverse

Facts

The Plaintiffs/Respondents in the trial High Court, brought the action leading to this appeal, in a representative capacity (with the approval of the Court) for themselves and on behalf of Layode, Liyesi, Oludediro and Adebote/Lapogan families of Okejasi Quarter people of Ijebu-Ode, claiming against the Defendants/Appellants described as the children of Late Mr. Gafari Folorunsho Ajidagba, in paragraph 23 of their Amended Statement of Claim as follows:

1
Possession of the piece or parcel of land situate lying being along Abeokuta Road, Oke-Ijasi, Ijebu-Ode which the Plaintiffs lease (sic) out to the Defendants' father Late Mr. Gafari Folorunsho Ajidagba.
2
Mesne profit from January 1985 at the rate of N400.00 per year payable on the said piece or parcel of land until the final determination of the above suit.
3
Injunction restraining the Defendants their agents, servants and anyone claiming through them from dealing and/or leasing out the said piece or parcel of land or part thereof".

Pleadings were filed and exchanged by the parties. The original Plaintiffs, called one witness in support of their case. He was the 2nd Plaintiff and who was the Secretary of the said families so represented. He tendered some documents. The Defendants/Appellants, called two witnesses in their defence. After addresses by the learned Counsel for the parties, the learned trial Judge, in a well considered judgment, granted all the reliefs/claims of the Plaintiffs/Respondents. Aggrieved by the said judgment, the Appellants appealed to the Court below that dismissed their appeal and affirmed the said judgment of the trial Court hence the instant appeal.

Issues

1
Whether the Okejasi Community was made a party to the action...

Salisu V. Odumade (2010) CLR 2(bb) (SC)

Judgement delivered on February 5th 2010

Brief

Facts

Issues