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ASIRU GBADAMOSI & ORS. V. ALHAJI SALAMI A. BELLO & ORS.

(1985) JELR 42549 (SC)

Supreme Court  •  SC.66/1983  •  15 Feb 1985  •  Nigeria

Coram
AYO GABRIEL IRIKEFE JSC; AUGUSTINE NNAMANI JSC; MUHAMMADU LAWAL UWAIS JSC; SAIDU KAWU JSC; CHUKWUDIFU AKUNNE OPUTA JSC;

Judgement

M. L. UWAIS, J.S.C.(Delivering the Leading Judgment): The appellants were the defendants in the High Court of Oyo State and the respondents were the plaintiffs. The latter claimed (on their behalf and as representatives of the Ariori family):

(a) a declaration of customary title to a piece or parcel of land, lying siiuate and being at Ariori Compound Idi Aro Ibadan;

(b) N400.00 damages for acts of trespass being committed by the defendants, their servants and or agents; and

(c) perpetual injunction restraining the defendants from committing other acts of trespass.

The parcel of land (hereinafter called the land in dispute) was described in the statement of claim and is shown on plan (Exhibit A). The gist of the plaintiffs' case is that their ancestor Ariori settled, many years ago, on the whole of the land verged red on exhibit A. Later the defendants' ancestor called Alfa Abibu was granted the area verged green in Exhibit A. A drainage or trench called Kuwo was used as boundary bet…

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