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MOGAJI LASISI ATANDA & ORS. V. SALAMI AJANI & ORS.

(1989) JELR 40073 (SC)

Supreme Court  •  SC.167/1986  •  16 Jun 1989  •  Nigeria

Coram
ANDREWS OTUTU OBASEKI JSC; MUHAMMADU LAWAL UWAIS JSC; SALIHU MODIBBO ALFA BELGORE JSC; PHILLIP NNAEMEKA-AGU JSC; EBENEZER BABASANYA CRAIG JSC;

Judgement

CRAIG, J.S.C. (Delivering the Leading Judgment): The plaintiffs' claims in the High Court of Oyo State, holden at Ibadan were for:

"1. Declaration of title according to Native Law and Custom to a piece or parcel of land situate at Isale Oje, Ibadan in Oyo State of Nigeria the boundaries of which shall be clearly shown in a survey plan to be filed in the action.

2. N250.00 being general damages for trespass committed by the defendants, their servants or/and agents on the said land on or about July, 1972.

3. Injunction to restrain the defendants, their servant or/and agents from entering or committing further trespass on the said land."

Pleadings were filed and exchanged, and at the end of that exercise, the matter proceeded to trial before Ayorinde, J. After hearing evidence, the learned Judge held that both parties had a "semblance of title" to the land surrounding the land in dispute, but he dismissed the plaintiffs' claims because

"they have not adduced convincing evidence of owners…

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