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ALHAJA RAFATU AYORINDE & ORS V. ALHAJA AIRAT ONI & ANOR

(2000) JELR 44197 (SC)

Supreme Court  •  SC.240/1994  •  4 Feb 2000  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; OKAY ACHIKE JSC; UMARU ATU KALGO JSC;

Judgement

ACHIKE, J.S.C. (Delivering the Leading Judgment): The appellants as plaintiffs at the Lagos High court instituted this action in a representative capacity (as representing themselves and other descendants of late Gbadamosi Fagbuyi Ayorinde otherwise known as Ayande) against the defendants. They claimed as follows:

"(i) A declaration that the Plaintiffs are the owners of the property situate, lying and known as No.67, Docemo Street, Lagos being an Estate of inheritance from their ancestor, Late Gbadamosi Fagbuyi Ayorinde otherwise known as Ayande.

(ii)A declaration that the Plaintiffs are the persons entitled to Certificate of Occupancy in respect of the said land.

(iii) Possession of the property.

(iv)Order of perpetual injunction restraining the defendants whether by themselves their servants and/or Agents from further act of trespass on the land."

On 3/1/90 the learned trial Judge, Adeyinka, J. entered judgment in favour of the plaintiffs. On defendants' appeal, the Court of Appeā€¦

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