CORAM

CHRISTOPHER MITCHELL CHUKWUMA-ENEH, JUSTICE SUPREME COURT

PARTIES

ALHAJI OYEBAMIJIMR. LUCKY (Deceased)ALHAJI BUSARI BASIRUMR. LANRE LAOYE OGUNYEMIALHAJI GANIYU KOLA BALOGUNMR. KAYODE OMOTOSHO APPELLANTS

IYABO AFUSAT LAWANSONISMAILA LAWANSONKAZZIM LAWANSON (Next of Kin and Beneficiaries of the Estate of Bamidele)Ayinla Lawanson (Deceased) RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

SUMMARY OF FACTS
The Respondents sued the Appellants before the High Court of Justice Ibadan claiming the following; N10,000.00 General damages for trespass being presently committed by the defendants on the property of Bandele Ayinla Lawanson (deceased) the father of the plaintiffs lying and being at Orita Bashorun, Aba Road, Ibadan covered by Deed of conveyance registered as 50/50/458 of Lands Registry, Ibadan, and Perpetual Injunction restraining the defendants by themselves, their agents, servants and privies from committing further trespass on the land.

HELD

APPEAL DISMISSED

ISSUES

1. Whether the statute of Limitation or any statute for that matter, is one that the Appellants should specifically plead in their statement of defence or one to be merely inferred by the court from the Respondents’ Writ of Summons and statement of claim and no more as the appellants are contending in this appeal. 2. Whether the Plaintiffs/Respondents have discharged the burden of proof placed on them to entitle them to the judgment of the court in this appeal.

RATIONES DECIDENDI

CASES CITED

Iheanocha v. Ejogu|Adelaja v. Sonoiki.|Idundun v. Okumagba|Alhaji A. Aliyu v Dr. John Adewunmi Sodipo

STATUTES REFERRED TO

Statute of limitation law Cap 64 Laws of Western Region, Section 7 (2)|Order 25 Rules 6 (i) and (2) of the High Court (Civil Procedure) Rules of Oyo State|

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