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ALHAJA OLADOJA SANUSI V. OREITAN ISHOLA AMEYOGUN

(1992) JELR 43194 (SC)

Supreme Court  •  SC.288/1989  •  30 Apr 1992  •  Nigeria

Coram
SAIDU KAWU JSC PHILLIP NNAEMEKA-AGU JSC ABUBAKAR BASHIR WALI JSC OLAJIDE OLATAWURA JSC UCHE OMO JSC

Appearances
J.O.A. Ajakaiye For the Appellant; Taiwo Ilori-Oladele (with him, Gboyega Oguntuwase and Dele Awe) For the Respondent.

Judgement

P. NNAEMEKA-AGU, J.S.C (Delivering the Leading Judgment): This appeal by the defendant raises in the main the vexed issue of how a Court of trial should approach the important, but sometimes underrated, problem of how to write its judgment as well as the consequences of failure to pursue the problem correctly. The facts from which this problem has arisen are straightforward. In 1985, the plaintiff, in an Ibadan High Court presided over by Sijuade, J., for himself and as a representative of Ope-Agbe family, commenced an action against (he defendant, for himself and as a representative of Ameyogun Family, claiming foul' different reliefs, The reliefs were as follows:

"(1) A declaration that the plaintiffs are the proper persons entitled to the grant of statutory/customary right of occupancy in respect of a large piece or parcel of land, situate lying and being at Olomi area Ibadan.

(2) That the purported sale or alienation of the land or any part thereof by the Defendants are null and v…

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