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CHIEF ADEOYE ADIO FAGUNWA & ANOR. V. CHIEF NATHANIEL ADIBI & ORS.

(2004) JELR 33596 (SC)

Supreme Court  •  SC.175/2000  •  16 Jul 2004  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC; UTHMAN MOHAMMED JSC; SYLVESTER UMARU ONU JSC; UMARU ATU KALGO JSC; NIKI TOBI JSC;

Judgement

TOBI, J.S.C. (Delivering the Leading Judgment): The appellants as plaintiffs in the High Court claimed for declaration of title to land, damages for trespass and injunction restraining the defendants, their servants, agents, privies and workmen from committing further acts of trespass on the land in dispute. Both parties relied on traditional history.

The case of the appellants can be briefly stated. The founder of Yaaku chieftaincy family was Larinso who came from Ile-Igbon Saaki near Old Oyo. Larinso farmed on the land. Upon his death, the farm devolved on his children. The successors to Larinso were Olusoji, Ojo Areomi, Akinjebo, Mafoye, Ajao, Ige, Taiwo and 1st plaintiff, Chief Adeoye Adio Fagunwa.

The respondents, as defendants told a different story. Osi Agboro, Akinyo, Ajadiagbon, Agbooro, Isapa, Alajagbon, Eleuji, Ajoo and Yaaku Idi-Ose families are all members of Yaaku Chieftaincy family of Ogbomoso. The ancestors of the 1st defendant, Chief Nathaniel Agboola Adibi, had to m…

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