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JIMOH ATANDA v. MEMUDU ILIASU

(2012) JELR 34780 (SC)

Supreme Court  •  SC.77/2007  •  7 Dec 2012  •  Nigeria

Coram
CHRISTOPHER MITCHEL CHUKWUMA-ENEH JSC; SULEIMAN GALADIMA JSC; BODE RHODES-VIVOUR JSC; MUSA DATTIJO MUHAMMAD JSC; CLARA BATA OGUNBIYI JSC;

Judgement

CLARA BATA OGUNBIYI, J.S.C. (Delivering the Leading Judgment): The plaintiff's claim at the trial High Court of Kwara State was for a declaration of title on a piece of land situate at Budo Isale Olooru village. The claims as stated in both the writ of summons and at paragraph 28 (1)-(5) of the Statement of Claim are as follows:-

"28 (1) A declaration that the plaintiff as the head of Abosede family has the customary right to sue for and on behalf of other members of the family.

(2) A declaration that the land situate at Budo Isale in Olooru village measuring 10.804 hectares belong to the Abosede family.

(3) An order of this court directing the defendant to pay the compensation of N200,000.00 to the plaintiff for the damages caused to the plaintiff's land.

(4) An order directing the defendant, agents, servants and privies to vacate the land situate at Budo Isale Oloom village.

(5) An order of perpetual injunction restraining the defendants, agents, servants and privies acting or purpo…

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