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A. T. BAKARE V. T. S. APENA (Deceased), ALHAJI OLOWOLAGBA & SHERIFF AYINDE ADALEMO (Suing for Themselves and on Behalf of the MAREMI/AMORE Family of Orile-Ikeja)

(1986) JELR 35484 (SC)

Supreme Court  •  SC.51/1985  •  27 Jun 1986  •  Nigeria

Coram
AYO GABRIEL IRIKEFE JSC ANDREWS OTUTU OBASEKI JSC ANTHONY NNAEMEZIE ANIAGOLU JSC AUGUSTINE NNAMANI JSC DAHUNSI OLUGBEMI COKER JSC SAIDU KAWU JSC CHUKWUDIFU AKUNNE OPUTA JSC

Judgement

NNAMANI, J.S.C (Delivering the Leading Judgment): On 28th April, 1986, I dismissed this appeal and indicated that I would give my reasons for that judgment today. I now give my reasons.

In suit No. 10/168/75 the respondents herein, who were plaintiffs therein, claimed against the appellant, defendant therein for:

"(a) Declaration of title under native law and custom to all that piece and parcel of land situate, lying, and being at Ikeja, near Alade Village in the Ikeja District of Lagos State of NIGERIA;

(b) ₦500.00 damages for acts of trespass committed by the Defendant, his privies, servants and or agents on the said land;

(c) Perpetual injunction restraining the Defendant, his privies, agents and or servants from further acts of trespass"

Pleadings were ordered and exchanged. The matter proceeded to trial in which both sides gave evidence and called witnesses. On 9th March 1979, the learned trial Judge, A.L.A.L. Balogun, J., dismissed the plaintiffs/respondent claims in their enti…

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