CHIEF LAITO AJAGBE V. OYEGADE AKANNI
(1973) JELR 39605 (SC)
Supreme Court
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SC.278/73
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23 Nov 1973
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Nigeria
Coram
TASLIM OLAWALE ELIAS JSC;
GEORGE SODEINDE SOWEMIMO JSC;
AYO GABRIEL IRIKEFE JSC;
Appearances
M. A. Omisade For Appellant
Mr M. A. Fatoki For Respondent
Judgement
<p>T. O. ELIAS, C.J.N. (Delivering the Leading judgment): This appeal against the judgment of the Western State Court of Appeal in Suit No. CAW/19171 delivered on 26th January, 1973, originated from the judgment of the Oshun North-west Grade "B" Customary Court, Ogbomosho, in which the plaintiff claimed against the defendant for </p><p> (i) "declaration of title to the piece or parcel of land lying, situate and being at Elewede, Alagodo and Kesa Idewure village, Ogbomosho., </p><p> (ii) an order granting possession of the said. . . land to the plaintiff, </p><p> (iii) injunction to restrain the defendant, his servant or agents from further trespass on the said piece of land". </p><p> The President of the Court found for the plaintiff and the defendant, being dissatisfied with that judgment, appealed to the High Court, Oyo, in which in Suit No. HOY/9A69 Ogunlami, J., dismissed the defendant's appeal in his judgment delivered on 9th April, 1970. Against that decision, the defendant appealed to the Western State Court…</p>