CASE TITLE: ALALADE & ORS v. ODODO & ORS (2019) LPELR-46888(CA)
JUDGMENT DATE: 6TH MARCH, 2019
PRACTICE AREA: LAND LAW
LEAD JUDGMENT: UGOCHUKWU ANTHONY OGAKWU, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION
This appeal borders on land law.
FACTS
This is an appeal against the decision of the High Court of Lagos State.
The disputed land was (eleven plots of land) situate at Ije Ododo, Lagos State. The Appellants claimed to have bought the land from one Alhaja Basiratu Ododo (deceased) who was related to all the Respondents. The Appellants case was that after the death of their vendor, the Respondents trespassed upon the land consequent upon which the Appellants instituted proceedings at the High Court and claimed as follows:
“1. A declaration that the Claimants are entitled to Statutory Right of Occupancy to the Eleven Plots of Land Situate at Ije Ododo, Lagos State shown and delineated on Compilation Survey Plans JOD/37/87 AND JOD/004/89 MADE BY Surveyor J. O. Dudu of 19, Assoland Street, Ewu Tutun, Shogunle Lagos.
The Respondents were served with all the Court processes but they neither filed any processes nor cross-examined the sole witness called by the Appellants in proof of their case. In its judgment, the trial Court dismissed the Appellants’ case. Appellants appealed to the Court of Appeal.
ISSUES FOR DETERMINATION
Appellants distilled five issues for determination as follows:
“1. Whether the witness statement on oath of the 1st appellant is competent and whether the lower Court can determine the suit on the basis of the witness statement on oath.
DECISION/HELD
In conclusion, the Court of Appeal resolved the issues against the appellants and dismissed the appeal.
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