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RABIATU LATUNWOUN ADELOWO & ORS V. AKANKE AKINGBALA & ANOR

(1974) JELR 39775 (SC)

Supreme Court  •  SC.234/74  •  25 Dec 1974  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; ATANDA FATAYI-WILLIAMS JSC; AYO GABRIEL IRIKEFE JSC;

Appearances
Mr. Olisa Chukwurah for the Appellants. For Appellant Chief Toye Coker for the Respondents. For Respondent

Judgement

COKER, J.S.C. (Delivering the Judgment of the Court): This action was instituted in the Ake Grade 'A' Customary Court, Abeokuta, by the present appellants as plaintiffs against the respondents who were the defendants to that action. In that court the plaintiffs' writ was endorsed as follows:

'The plaintiffs' claim from the defendants jointly and severally is for:

(i) 200pounds damages for trespass committed by defendants their servants and/or agents by entering, erecting undesirable building on the plaintiffs' land situate lying and being at family square (Itanla) Omosaju's compound called Itanla Totoro Owu, Abeokuta sometime in 1967.

(ii) Injunction restraining the defendants their servants and/or agents from further entry into the said land situate, lying and being at family square (Itanla) Omosaju's compound Totoro, Owu, Abeokuta."

The parties gave evidence before the learned President of the Court, the plaintiffs contending that the land in question was first settled upon by their…

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