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ADETUTU ADESANYA V. ALHAJI S. D. ADERONMU & ORS.

(2000) JELR 43978 (SC)

Supreme Court  •  SC.145/94  •  23 Jun 2000  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; UTHMAN MOHAMMED JSC; ANTHONY IKECHUKWU IGUH JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; AKINTOLA OLUFEMI EJIWUNMI JSC;

Judgement

IGUH, J.S.C. (Delivering the Leading Judgment): The proceedings leading to this appeal were first initiated on the 14th day of February, 1984 in the High Court of Justice of Oyo State of Nigeria, holden at Ibadan. In that court, the plaintiff, Chief S. D. Akere, now deceased, instituted an action against the defendant claiming as follows:-

"(a) A declaration of title to a Customary Right of Occupancy over all that piece or parcel of farmland situated, lying and being at Apete Village lbadan- a place about 15 kilometres to Mapo and within the rural area of Akinyele Local Government Council.

(b) Two Thousand Naira (N2,000) general damages for continuing trespass committed and still being committed by the defendant on the said land.

(c) An order of injunction restraining the defendant, her servants, agents or any person claiming through or under her from committing further acts of trespass on the said land."

Pleadings were ordered in the suit and were duly settled, filed and exchanged. T…

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