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BISIRIYU AKINLAGUN & ORS V. TAIWO OSHOBOJA & ANOR

(2006) JELR 33467 (SC)

Supreme Court  •  SC.367/2002  •  19 May 2006  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; UMARU ATU KALGO JSC; NIKI TOBI JSC; IKECHI FRANCIS OGBUAGU JSC;

Judgement

KALGO, J.S.C. (Delivering the Leading Judgment): In the High Court of Lagos State holden at Ikeja, the 1st respondent who was the plaintiff claimed against the appellants and the 2nd respondent as defendants, the following reliefs:

"(i) declaration of title to a customary right of occupancy to all that piece or parcel of agricultural land situate, lying and being at Isheri Oshun via Agege, Ikeja Division.

(ii) declaration that the said defendants are customary tenants of the plaintiff on the said land.

(iii) declaration that the said defendants have forfeited the customary right of occupancy in that they claimed wrongfully to be the owners of the land and have been dealing with the land inconsistent with the plaintiff's claim by selling and leasing without the plaintiffs permission

(iv) Possession of the land in dispute".

Pleadings were ordered, filed and exchanged in the trial court and the appellants in their amended statement of defence counter-claimed for:-

"(1) an order of injun…

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