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AJIDE ARABE v. OGUNBIYI ASANLU

(1980) JELR 33935 (SC)

Supreme Court  •  SC.51/1979  •  27 Jun 1980  •  Nigeria

Coram
MOHAMMED BELLO JSC; CHUKWUNWEIKE IDIGBE JSC; ANDREWS O. OBASEKI JSC; KAYODE ESO JSC; ANTHONY N. ANIAGOLU JSC;

Judgement

BELLO, J.S.C. (Delivering the Leading Judgment): The appellant as plaintiff representing himself and Isolo of Isanlu Isin family sued the respondent as defendant representing himself and Asanlu family in the Ayangba Upper Area Court claiming a declaration of title to a large parcel of land and an injunction restraining the defendant from entering the land and from interfering with the economic trees thereon. The case for the plaintiff in the trial court was that the land in dispute belonged to his fore-fathers and that recently the defendant had entered the land and started clearing it. In his defence the defendant not only denied the plaintiff's claim but counter-claimed informally in accordance with the practice of Area Courts that the disputed land was founded by his fore-fathers and his family have been in possession since then.

At the trial of the case both parties called witnesses who gave traditional evidence of how their ancestors got to the land in dispute. The trial court in…

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