CORAM

IRIKEFE

KAZEEM

ESO

MAIIMUDE MOHAMMED, JUSTICE SUPREME COURT

KAWU

PARTIES

ALHAJI JIMOH ODUTOLA APPELLANTS

SEIDU AILERU & 6 ORS RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

SUMMARY OF FACTS
The Appellant sought an order at the trial Court granting him declaration that he is entitled to possession and occupation of the piece of land in dispute, 2600 pounds as special and general damages for trespass by the respondents and an injunction restraining the respondents.

HELD

The Court held that since the appellant had failed to convince the trial court that his mother had, at any particular time, exclusive occupation of the land in dispute, it was no longer necessary for the trial judge to make any finding on the issue of Ijebu customary law.

ISSUES

Whether or not the High Court and the Court of Appeal had not misdirected themselves as to appellant’s claim before the High Court. Whether the Court of Appeal was right in taking the view that the failure of the learned trial judge to make a finding on the issue of ijebu customary law was immaterial

RATIONES DECIDENDI

CASES CITED

1. Adekunle Coker vs. Jarinatu Jinadu & Ors. (1958) LLR 77|2. Chief James Okpiri & Ors. vs. Chief Igoni Jonah & Ors. (1961) 1 All N.L.R. Part 1, 102|3. Paul O. Omoregbe vs. Ehigiator Edo (1971) 1 All N.L.R. (Part 1) 282

STATUTES REFERRED TO

Not Available.|

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