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ALHAJI SALAMI O. ADEROUNMU & ANOR V. EMMANUEL OLAJIDE OLOWU

(2000) JELR 44210 (SC)

Supreme Court  •  SC.234/1992  •  18 Jan 2000  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; SYLVESTER UMARU ONU JSC; ANTHONY IKECHUKWU IGUH JSC; EMMANUEL OLAYINKA AYOOLA JSC;

Judgement

AYOOLA, J.S.C: (Delivering the Leading Judgment): This is an appeal from a judgment of the Court of Appeal (Ibadan Division: Ogundare, JCA, Ogbuagu, JCA (as he then was), and Muhammad, JCA) dated 16th April, 1992, whereby an appeal to the Court of Appeal, taken from a decision of the High Court of Oyo State (Adeyemi, J.) by the appellants in this appeal, (defendants at the High Court), was dismissed. On 4th April, 1986, the High Court entered judgment for the respondent in this appeal, (plaintiff in that court). By the judgment, the respondent's claim for a declaration of a statutory right of occupancy to a parcel of land at Ikolaba village, lbadan; damages for trespass and injunction, was granted and, the appellants' counterclaim for a similar relief was dismissed. At the conclusion of oral hearing of this appeal on 23rd November, 1999 this court dismissed the appeal and announced that reasons for the judgment would be given at a later date. My reasons now follow.

This case arose bec…

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