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Yusuf v. Akande

MOJEED YUSUF

MR. SALAWU ILE-IBEJI

TIJANI AJIBOLA

V

ALHAJI GANIYU AKANDE

ALHAJI ADIAMO

PASTOR BABAOPE

COURT OF APPEAL

( IBADAN DIVISION )

STANLEY SHENKO ALAGOA JCA ( Presided )

MODUPE FASANMI JCA (Read the Lead Judgment)

JOSEPH SHAGBAOR IKYEGH

CA/I/120/2006

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

Issues:

  1. Whether or not the respondents have discharged the burden on them having regard to the pleadings and evidence before the court.
  2. Whether the appellants were given fair hearing in this case.

Facts:

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.