judy.legal
Login Register

JAMES OGUNDELE V. DARE JULIUS FASU.

(1999) JELR 41862 (SC)

Supreme Court  •  SC.179/1993  •  24 Sep 1999  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; ANTHONY IKECHUKWU IGUH JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; EMMANUEL OLAYINKA AYOOLA JSC;

Judgement

E. O. AYOOLA, J.S.C (Delivering the Leading Judgment): The appellant whose claim (as plaintiff) against the respondent (as defendant) for damages for trespass on land claimed to be the appellant's family land and an order of perpetual injunction restraining the respondent from further acts of trespass on the land, was dismissed by the High Court of Ondo State, and whose appeal from the decision of that court was dismissed by the Court of Appeal, has brought a further appeal to this court.

Ojuolape, J., who heard the case at the High Court was of the opinion, on the pleadings, that it was common ground that the parties had their respective farmlands from the same grantor who was their common ancestor,that they had a common boundary and that the main issue for determination in the case was: "where lies the common boundary between the two parties?" after which the subsidiary issue would arise whether the respondent had crossed that boundary. Having considered the evidence adduced by both…

There's more. Sign in to continue reading

JUDY is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login