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M. S. ATUNRASE & ORS v. ALHAJI ABDUL MOJID SUNMOLA & ANOR

(1985) JELR 45273 (SC)

Supreme Court  •  SC.37/1984  •  25 Jan 1985  •  Nigeria

Coram
MOHAMMED BELLO JSC; KAYODE ESO JSC; AUGUSTINE NNAMANI JSC; SAIDU KAWU JSC; CHUKWUDIFU AKUNNE OPUTA JSC;

Judgement

S. KAWU, J.S.C (Delivering the Leading Judgment).: In a consolidated suit before the High Court of Lagos, at Ikeja, the plaintiffs instituted an action against the defendants for a declaration of title, damages for trespass, injunction and recovery of possession in respect of a parcel of land at Mende Village, Onigbongo, in the Ikeja District of Lagos State.

The plaintiffs' case, as pleaded in their Amended Statement of Claim, was that the land in dispute was a portion of a larger parcel of land which originally belonged to one Oyero of Onigbongbo Village. It was their case that the said Oyero had three children namely -Aina Adu, Taiwo Jabita and Kehinde Ebo; that the said children of Oyero inherited the whole of his landed property after his death in accordance with Yoruba customary law; that in 1946 there was a partition of Oyero's land among his three children and that the land at Mende Village, which is the land in dispute was the portion alloted to Taiwo Jabita while other child…

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