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CHIEF KARIMU AJAGUNJEUN V. SOBO OSHO OF YEKU VILLAGE & ORS.

(1977) JELR 46331 (SC)

Supreme Court  •  SC.225/1974  •  20 May 1977  •  Nigeria

Coram
SIR DARNLEY ALEXANDER JSC; GEORGE S. SOWEMIMO JSC; CHUKWUNWEIKE IDIGBE JSC; ANDREWS O. OBASEKI JSC;

Appearances
A. O. Sikuade For Appellant A. O. Rahman, (with him, G. A. Folarimi) For Respondent

Judgement

IDIGBE, J.S.C. (Delivering the Leading Judgment): In these proceedings which commenced in the Ake Grade 'A' Customary Court, holden at Abeokuta, the appellants, as plaintiffs, claimed from the respondents, as defendants,

"(1) Possession of the portion or portions of the farmland occupied by the defendants on the plaintiffs' farmland at Orile Kesi as per judgment in suit No. 139/58 Ake Grade 'A' Court confirmed in suit No. AB 40A/60 High Court Abeokuta on appeal.

(2) Injunction to restrain the defendants from further occupation of the portion or portions of the farmland.

The Ake Grade 'A' Customary Court (hereinafter referred to as the 'Ake Customary Court') presided over by His Honour, Samuel Ayodele Olukoya, Esquire on the 19th day of August, 1971, in its judgment in favour of the appellants ordered as follows:

"There will be judgment in favour of the plaintiffs for possession and injunction as per the Writ of Summons as against the defendants."

The appellants unsuccessfully appealed…

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