- Yusuf v. Akande
- ₦ 200
Yusuf v. Akande
MR. SALAWU ILE-IBEJI
ALHAJI GANIYU AKANDE
COURT OF APPEAL
( IBADAN DIVISION )
STANLEY SHENKO ALAGOA JCA ( Presided )
MODUPE FASANMI JCA (Read the Lead Judgment)
JOSEPH SHAGBAOR IKYEGH
TUESDAY, 29 MARCH 2011
APPEAL - Evidence - Evaluation of - Primary duty of trial court therefor - Findings of fact based on - Attitude of appellate court thereto - When may undertake
APPEAL - Retrial - Order of - When may be made
COURT - Attitude of to academic exercise
EVIDENCE - Evaluation of - Proper approach of trial court
EVIDENCE - Material issues - Evidence on - Duty of trial court to consider
JUDGMENT AND ORDERS - Judgment - Writing of - Specific format for - Non-existence of - Mandatory contents of
JUDGMENT AND ORDERS - Order of retrial - When may be made
LAND LAW - Title to land - Declaration of - Claimant for - Claim of Duty on to establish by credible evidence and not rely on weakness of defence - When may rely on LAND LAW - Title to land - Proof of - Ways for
- Whether or not the respondents have discharged the burden on them having regard to the pleadings and evidence before the court.
- Whether the appellants were given fair hearing in this case.
The plaintiff/respondent claimed that the disputed land was sold to him by the original owners and a sale agreement was executed in his favour, but that the defendants/appellants trespassed thereon. He therefore commenced an action in the High Court of Oyo State claiming declaratory and injunctives reliefs that; he is the person entitled to a statutory right of occupancy to the disputed land, a transfer of part of the land by 1st - 3rd and 5th defendants to the 4th defendant is unlawful, illegal, null and void and injunction restraining the defendants from further acts of trespass. The defendants/appellants also claimed to have bought the land from the owners. The trial court granted plaintiff/respondent’s claim. Aggrieved, the defendants/ appellants appealed to the Court of Appeal.