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CHIEF OMONIYI FAYEHUN ABRAHAM AJAYI NOFIU AJANGBARA EZEKIEL OLUYIDE OLU BELLO ADELEYE ORUNKOYI DABOKU OLASEINDE MOBISOLA FASULERE OLADAPO AWODEYI V. CHIEF R. A. FADOJU AND 73 OTHERS

(2000) JELR 55750 (SC)

Supreme Court  •  SC. 75/1994  •  7 Apr 2000  •  Nigeria

Coram


Judgement

OGUNDARE, JSC. (Delivering the Leading Judgment): This appeal came before us for oral hearing on 10th January, 2000. After hearing learned counsel for the Appellants, we found it unnecessaryto call on the counsel for the Respondents to reply. We dismissed the appeal and affirmed the judgment of the Court below with N10,000.00 costs to each of the two sets of Respondents. We indicated thenthat we would give our reasons for the judgment today. Here are my reasons for dismissing the appeal.

The Plaintiffs and the first set of Defendants, that is, 1st to 4th Defendants are all members of the Ojomu Otenioro family of Akure. The land in dispute is admitted by all parties to belong to the said family. The land was laid out into plots by the family and a number of plots were sold to the 2nd set of Defendants, that is, the 5th to the 74th Defendants. The plaintiffs who claimed to be principal members of the Ojomu Otenioro family alleged that the plots sold to the 2nd set of defendants were so…

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