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ALHAJI SARATU ADELEKE MRS. KUDIRATU KAREEM OLAIDE OLAWORE SAFURATU GBADAMOSI JELILATU IYABO OLAITAN V. SANUSI IYANDA MADAM FELICIA OGUNTOYINBO OLASUPO DAVID OLADEJO AWOTUNDE

(2001) JELR 54709 (SC)

Supreme Court  •  SC.56/1996 .  •  1 Jun 2001  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE, JSC (Presided) IDRIS LEGBO KUTIGI, JSC OKAY ACHIKE, JSC SAMSON ODEMWINGIE UWAIFO, JSC (Read the Lead Judgment) EMMANUEL OLAYINKA AYOOLA, JSC

Appearances
Olaseeni Okunloye - for the Plaintiffs/Appellants . -*- Alhaji A. Isoke-Gbenga - for the Defendants/Respondents .

Judgement

UWAIFO, JSC (Delivering the Lead Judgment): The plaintiffs (now appellants) sued at the High Court, Ibadan claiming against the defendants a declaration that they are entitled to statutory rights of occupancy in respect of three parcels of land verged red and marked A2, B and C respectively in plaintiffs’ survey plan No. LL 9282, damages for trespass and perpetual injunction. It is common ground between the parties that the said parcels of land are located at a place called Isebo. It is also common ground that they form part of a large piece of land originally owned by Ogunlade Alao Laamo and that the said Laamo had seven male children, namely, Ajayi, Omokebe, Ariwoola, Taiwo, Osuntala, Fabiyi and Olusingbin; and five female children, namely, Tinuomi, Ajibabi, Osunjinmi Binutu and Osuntola. From the pleading of the defendants, it does not appear parcel A2 is in dispute. I shall for the purpose of this judgment confine myself to parcels B and C. I should mention here that none of the…

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