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LASISI AYANRINOLA AKAYEPE & ANOR. V. GANIYU AYANRINOLA AKAYEPE

(2009) JELR 47226 (SC)

Supreme Court  •  SC.7/1999  •  15 May 2009  •  Nigeria

Coram
NIKI TOBI JSC; GEORGE ADESOLA OGUNTADE JSC; MAHMUD MOHAMMED JSC; IKECHI FRANCIS OGBUAGU JSC; JAMES OGENYI OGEBE JSC;

Judgement

MAHMUD MOHAMMED, J.S.C. (Delivering the Leading Judgment): The parties in this appeal are members of the same Ayanrinola Akayepe family. They were before the High Court of Justice of Oyo State sitting at Ibadan where the respondent was the plaintiff while the appellants were the defendants. The dispute between the parties was over the allocation to the respondent by the head of the family of one shop out of five shops built on the family property at Akayepe Compound, Agboni Ibadan which allocation was resisted by the appellants/defendants resulting in the respondent as plaintiff filing an action against them by a writ of summons claiming in paragraph 28 of his further amended statement of claim, the following reliefs:

"(1) Declaration that in accordance with the authorization of the Akayepe family acting by their head, the plaintiff is entitled to the use and possession of one of the five door shops (formerly occupied by a tenant, Mr. Ajewole) situated and lying at Akayepe compound, A…

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