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ABIGAIL FOLASHADE V. ALHAJI A. A. O. DUROSHOLA

(1961) JELR 92026 (SC)

Supreme Court  •  FSC. 79/1960  •  2 Mar 1961  •  Nigeria

Coram
ADEMOLA CHIEF JUSTICE, NIGERIA BRETT JUSTICE, SUPREME COURT UNSWORTH JUSTICE, SUPREME COURT

Judgement

ADEMOLA, C.J.F

In this case parties are competing purchasers of a piece of land at Lagos-Ikorodu Road, Mushin, in Ikeja district.

The plaintiff claimed from the defendant the sum of £660 being damages for trespass to the piece of land. He also prayed the Court to grant an injunction against the defendant, his agents and servants from further acts of trespass upon the said land.

The plaintiff claimed that he derived his title from Charles Olayemi Blaize.

The defendant also based his root of title from the same man.

The plaintiff relied on a sale of two plots of land, which he said is the land in dispute, to one Aminu Alfa in 1927 and 1926. The sale, he alleged, was made in two plots to Aminu Alfa by the agents of Charles Olayemi Blaize to whom the sum of £3- lOs-0d and £2 respectively was paid for each of the plots. The payment of the first amount was evidenced by receipt Exhibit A in favour of the said Aminu Alfa by one Sunmonu Raji whilst the payment of £2 was evidenced by Exhibit Al in f…

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