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Asani Balogun & Ors. v. Alimi Agboola

(1974) JELR 37531 (SC)

Supreme Court  •  SC.20/74  •  24 Oct 1974  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; ATANDA FATAYI-WILLIAMS JSC; AYO GABRIEL IRIKEFE JSC;

Judgement

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): This appeal is sequel to proceedings initiated in the High Court, Ibadan, by one Yesufu Mogaji Oshundina as plaintiff against one James Fadokun Fakorede. On the writ as filed, the plaintiff sued "for himself and on behalf of the Ebo Olobi Family". The writ was endorsed as follows:

''The plaintiffs are the owner of all that piece or parcel of land situate lying and being at Ibadan off Abeokuta Road and more accurately delineated on a plan to be filed with the statement of claim in this action and an injunction restraining the said defendants, their servants and agents from entering the said land without the permission of the plaintiffs."

In the course of the proceedings, and by virtue of Orders of Court duly made in connection, the following events took place:

(i) Baba Lawani, alias Lawani Molade Akanmu, and Raji Offa were added as plaintiffs "for themselves and as representatives of the other occupiers of the land in dispute".

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