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AMINU SUNMONU BAMISHEBI & ORS V ZACCHEUS FALEYE & ORS

(1987) JELR 42031 (SC)

Supreme Court  •  SC.164/1985  •  3 Apr 1987  •  Nigeria

Coram
MOHAMMED BELLO JSC; KAYODE ESO JSC; ANTHONY NNAEMEZIE ANIAGOLU JSC; MUHAMMADU LAWAL UWAIS JSC; DAHUNSI OLUGBEMI COKER JSC;

Judgement

COKER, J.S.C.(Delivering the Leading Judgment): The Court of Appeal sitting at Abeokuta dismissed the defendants' appeal from the decision of Craig, C.J., of Ogun State High Court whereof on the 8th day of May, 1979, he entered judgment with costs in favour of the plaintiffs in their claim for declaration of title and for an order of injunction against the defendants, their agents and servants in respect of a piece of land situated at Igbo Elodi. otta, in Ogun State, and more particularly described and verged 'Red' in a plan No. AK. 304B of 31st July, 1974. The defendants being dissatisfied appealed to the Court of Appeal against the decision and the plaintiffs filed a cross-appeal against the order dismissing the claim for forfeiture. The Court below, in a considered judgment dismissed both the appeal and cross appeal with costs. The defendants only have further appealed to this court. For a proper understanding of the issues raised in this appeal, I shall give a summary of the facts…

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