MR. SUNDAY OLUSI -Vs- MR. JULIUS OLAITAN OBANIYI

MR. SUNDAY OLUSI -Vs- MR. JULIUS OLAITAN OBANIYI

September 2025

Subject Matters

  • Action: Preliminary objection thereto – nature thereof

    Action: Preliminary objection thereto – purpose thereof – the principle in Uwemedimo & Anor vs. Mobil Producing Nigeria Unltd. & Anor (2019)12 NWLR (pt. 1685)27

    Action: Relief claimed – where there are alternative reliefs – nature thereof – the principle in The M. V “Caroline Maersk” Sister Vessel to MV “Christian Maersk” vs. Nokoy Investment Ltd. (2002)2 NWLR (pt. 782) 472

    Action: Issues for determination – formulation thereof – purpose thereof

    Court: Preliminary objection – duty of court therein

    Land Law: Declaration of title – requirements thereof

    Land Law: Declaration of title – proof thereof – modes of proof thereto

    Land Law: Declaration of title – onus on claimant – how discharged

    Land Law: Possession of land – whether entitles a person to sue for trespass

    Land Law: Possession – where both parties claim possession to land – whether possession is ascribed to a party who shows better title

    Land law: Identity of land in dispute – proof thereof

Issues:

               1.Whether from the pleadings and available evidence on record, the respondent proved his case and whether  the counter-claim of the appellant was not proved. (Distilled from Grounds 1, 2, 7 and 8 of the Notice of Appeal).

         2. Whether the land adjudged the respondent was ascertainable in extent and                     boundaries and whether the appellant did not ascertain the land claimed by him. (Distilled from Grounds 3, 5, and 6 of the Notice of Appeal).

         3. Whether an action in trespass can lie from  the pleadings and available evidence on record. (Distilled from Ground 4 of the Notice of Appeal).

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