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M. O. BADEJO & ORS. v. R. A. SAWE

(1984) JELR 42521 (SC)

Supreme Court  •  SC.119/1982  •  25 Jun 1984  •  Nigeria

Coram
AYO GABRIEL IRIKEFE JSC; ANDREWS OTUTU OBASEKI JSC; KAYODE ESO JSC; ANTHONY NNAEMEZIE ANIAGOLU JSC; MUHAMMADU LAWAL UWAIS JSC;

Judgement

ANIAGOLU, J.S.C. (Delivering the Leading Judgment): This appeal appears a simple one to me for determination. The plaintiffs who were the descendants of one Sule Adebola Oshuntubo took action in the High Court of Lagos claiming N500.00 damages for trespass to a piece of land known as Plots 86 and 87 in Chief Ajao's allotment at Obele, Igbodo Mushin and an injunction restraining the defendant/his agents and/or servants, from trespassing on the said land.

The trial judge, in a relatively short judgment dismissed the case of the plaintiffs holding that the plaintiffs did not plead possession. But he held that

"as if it were simply a case of titles, it would have been an easy walkover for the plaintiffs; I would not have hesitated in declaring them the owners of the land. But the claim I have before me is trespass and injunction, and because the defendant has a weak title and no title to the land in question does not relieve the plaintiffs of establishing a case of trespass."

The respon…

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