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JIMOH ADEBAKIN v. SABITIYU ODUJEBE

(1972) JELR 33329 (SC)

Supreme Court  •  SC.42/70  •  21 Jun 1972  •  Nigeria

Coram
ATANDA FATAYI-WILLIAMS JSC; GEORGE B. AYODOLA COKER JSC; CHARLES O. MADARIKAN JSC;

Judgement

COKER, J.S.C (Delivering the Leading Judgment): The appellant was the defendant in an action instituted against him in the High Court, Ikeja, Lagos State. The plaintiff is the present respondent and her writ was endorsed for the following claims:-

"(1) Recovery of possession of all that piece or parcel of land situate lying and being at Akinwunmi Village, Mushin in the Ikeja Division, the said land being more particularly described on a plan to be filed in this action;

(2) 100 pound General Damages for trespass to the said land.

(3) Injunction restraining the defendant his servants an agents from further acts of trespass. The annual rental value of the land is 5 pound.

Title is involved."

The plaintiff filed a statement of claim in which she stated that one Muranoh Akanni Eniafe "became seised in fee simple absolute in possession of the said land" by virtue of a conveyance dated the 25th day of August, 1948, and that by another conveyance dated the 14th March, 1958, the plaintiff had …

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