CORAM

JUMMAI HANNATU SANKEY JCA

SUNDAY AKINOLA AKINTAN

PARTIES

MICHAEL OLUWOLE ADEMOLAJU APPELLANTS

JOEL ADENIPEKUN(For himself and on behalf of Apata and Oluyede families) RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

Defendant from committing further acts of trespass on the said land.  After considering the totality of evidence before him, the trial judge set aside the certificate of occupancy until the ownership of the entire land known as Girimo including the land in dispute be determined. The judge also placed the rental value of the land at N500.00, and also awarded N5, 000 as damages for trespass against the Defendant. Dissatisfied with the award, the Defendant appealed to the Court of Appeal; while the Plaintiff cross appealed on grounds that the order for declaration was not granted by the court.

HELD

Appeal Dismissed, Cross-appeal Allowed

ISSUES

?    Whether or not the claim was statute barred and therefore stale and unenforceable.?    Whether in view of the pleadings and the evidence adduced by the plaintiff, they are entitled to all the reliefs contained in their claim, that is, whether the omission by the trial court to include a declaration that the plaintiffs are the only ones entitled to a grant of certificate of occupancy in respect of the land in dispute did not occasion a miscarriage of justice.?    Whether or not the lower court properly evaluated the evidence before it before coming to judgment and whether its decision is supported by the evidence led before the court.

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

Limitation Law Cap.61. Laws of Ondo State 1978

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