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OJO AJAO & ORS. V. OPOOLA ALAO & ORS.

(1986) JELR 33059 (SC)

Supreme Court  •  SC.158/1985  •  5 Dec 1986  •  Nigeria

Coram
ANTHONY NNAEMEZIE ANIAGOLU JSC; BOONYAMIN OLADIRAN KAZEEM JSC; ADOLPHUS GODWIN KARIBI-WHYTE JSC; SAIDU KAWU JSC; CHUKWUDIFU AKUNNE OPUTA JSC;

Judgement

KARIBI-WHYTE, J.S.C (Delivering the Leading Judgment): On the 30th October 1978, Apara J. at the Oyo High Court dismissed the claim of the Plaintiffs against the defendants for (1) Declaration of Title under native law and customs to all that piece or parcel of land situate lying and being at Lejin's Compound Isale Ladogan, Iseyin.

(2) The sum of N200 (Two hundred naira) being damages for continuing trespass committed by the Defendants on the said land.

(3) Injunction restraining the Defendants, their servants, Agents, and/or anyone claiming through them from committing any further act of trespass on the land.

The case of the Plaintiffs as disclosed in their statement of claim and evidence before the Court was that the land in dispute was granted to their ancestor Lejin, absolutely by the Aseyin. Olugbile of Iseyin on the arrival of Lejin at Iseyin from Oshogbo. Plaintiffs, who are the descendants of Lejin have always occupied this land by living and farming on it. They granted a por…

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