CORAM

M.L. UWAIS, CHIEF JUSTICE, NIGERIA

A.I. IGUH

PARTIES

OJO ADEBAYO (For himself and on behalf of Banjoko Family) APPELLANTS

MRS. F. IGHODALO RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The plaintiff said his family owned the land (ELEWU) in dispute through settlement by one Ojo, his ancestor after the Jalumi War. The pleadings averred that the land in dispute formed only a portion of land shared between two brothers, Ojo and Onikeola as farmland, popularly called Banjoko. The cause of the dispute in the instant case was the complaint of the plaintiff that the defendant had trespassed on the land in dispute

HELD

The court held that the appeal lacks merit and it is accordingly dismissed. The decision of the Court of Appeal, Ibadan dated the 18th July, 1988 is accordingly affirmed. I award N1,000 costs to the defendant.

ISSUES

Was the plaintiffs traditional evidence unsatisfactory? Whether the fact that the defendant was able to prove purchase from the Akatapa family amounted to proof which could defeat the plaintiff’s traditional history. Whether he (plaintiff) would need to prove acts of possession and whether he proved sufficient such act Were the acts of possession attested by the defendant and her witnesses?

RATIONES DECIDENDI

CASES CITED

Nwadike v. Ibekwe (1987) 4 NWLR (Pt. 67) 718.

STATUTES REFERRED TO

None.|

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