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CHIEF Y. ABIODUN V. CHIEF D. FASANYA

(1974) JELR 46164 (SC)

Supreme Court  •  SC.170/74  •  8 Nov 1974  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; DAN IBEKWE JSC; AYO GABRIEL IRIKEFE JSC;

Appearances
Ajose-Adeogun For Appellant Mr. Debo Akande For Respondent

Judgement

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): In the High Court, Lagos, the present respondent instituted these proceedings against the appellant and on account of its relevance we set out fully hereunder the writ showing the names and designations of the parties and the claims:

"CHIEF DAUDA FASANYA Plaintiff

The Elegushi of Ikate

(for himself and other

members of Elegushi Family)

AND

CHIEF YESUFU ABIODUN

The Oniru of Lagos

(for himself and the IRU

Chieftaincy Family) Defendant

The plaintiffs' claims against the defendant are:

(i) A declaration of title to a parcel of land known as 'OKO OYINBO' near Maroko in the Lagos State; and

(ii) An injunction to restrain the defendant and all the members of his family, his agents and/or his servants from coming on the said parcel of land and molesting the plaintiff and the members of his family.

Dated the 21st day of October, 1971."

Pleadings were duly ordered and a statement of claim was filed by the plaintiffs (i.e. the present res…

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