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CaseLaw

Salami V. Lawal (2008) CLR 7(h) (SC)

Judgement delivered on July 11th 2008

Brief

  • Onus of proof
  • Customary tenancy
  • Title to land
  • Trespass to land

Facts

The Appellants were the Plaintiffs at the Oshogbo High Court of Osun State where they claimed against the Respondent as the Defendant, the following reliefs:-

  • 1
    A declaration that the Plaintiffs are the persons entitled to a statutory Right of Occupancy to the piece or parcel of land consisting of an area approximately 9.865 hectares, verged Blue and shown on plan No. OMS/OS MISC/08/91 dawn by E.O Omisola & Associates, Licensed Surveyor and bounded as follows:- (a) On the front side or Northern side by Osogbo to Iwo Road (b) On the Eastern side byAdegoke Family landed property (c) On the Southern side by Onifade Family land and (d) On the Western side by Yemoja Streamn
  • 2
    Five thousand naira (N5,000.00) General damages for trespass committed by the Defendant on Plaintiff family land at Yemoja Area, Oyatedo.
  • 3
    Perpetual Injunction restraining the Defendant, his servants, agents or privies from committing any further acts of trespass on the said piece or parcel of land. The rentable value of the said land is (N100.00) (one hundred Naira)".

Parties filed and exchanged pleadings after which the case was heard by Ademakinwa J. The Appellants called five witnesses including the 2nd Appellant. Similarly, five witnesses including the Defendant testified in support of the defence case. In a well-written judgment delivered on 17-03-74, the trial Judge concluded as follows:-

In the result, the Plaintiffs' claims succeed in part and they are hereby granted N5.000.00 as general damages for the trespass committed by the Defendant on the land in dispute and an order of injunction restraining the Defendant, his servants, or agents from further acts of trespass on the land in dispute while the customary tenancy of the Plaintiffs subsists."

The Respondent was dissatisfied with the judgment of the trial Court. He brought an appeal against it before the Court of Appeal, Ibadan. The Court of Appeal allowed the appeal by setting aside the award of damages for trespass and injunction granted in favour of the Appellants.

Aggrieved by the judgment of the Court of Appeal the Appellants appealed to the Supreme Court.

Issues

"Whether the Court of Appeal was right to have set aside the...

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