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BABATUNDE AYINDE V. LABISI & ORS

(1970) JELR 44101 (SC)

Supreme Court  •  SC.728/66  •  10 Apr 1970  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; IAN LEWIS JSC; CHARLES OLUSOJI MADARIKAN JSC;

Judgement

MADARIKAN, J.S.C. (Delivering the Leading Judgment): Proceedings in this case were commenced in the Ibadan No.3 Grade B Customary Court where the plaintiff's claim against the defendant read:

"( 1) Title to ownership and recovery of plaintiff's land situate and being at Odookun, Ibadan bounded on one side by Ketuketu, second side by Kudeti stream, third side by Alapoefon, and fourth side by Kekuta. The value of the land is 200pounds.

(2) Injunction restraining the defendants, their joint and respective heirs, servants, agents or anybody claiming through them from further trespassing thereon or therein the land.

(3) Any other relief which the court can afford."

At the trial, the plaintiff's case was that the land in dispute was granted to his father, Odeniran, by Orowusi, and that it devolved on Odeniran's children as family property. The plaintiff called a boundary-man as a witness and he testified that the land belonged to the plaintiff's family.

The 1st defendant is a sister of the …

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