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ALHAJI GANIYU M.B. ISEOGBEKUN & ANOR. V. ALHAJI SIKIRU GBERIGI ADELAKUN & ANOR

(2012) JELR 34783 (SC)

Supreme Court  •  SC.93/2003  •  13 Apr 2012  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR JSC; FRANCIS FEDODE TABAI JSC; MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JSC; NWALI SYLVESTER NGWUTA JSC; OLUKAYODE ARIWOOLA JSC;

Appearances
Mr. G. O. A. Ekisola, with him Miss Comfort Enejo for the Appellants For Appellant Mr. G. O. A. Ekisola, with him Miss Comfort Enejo for the 1st & 2nd Cross-Respondents. Mr. B. A. Sotayo-Aro for the 1st & 2nd RespondentsMr. Aderemi Bashua for the 3rd - 5th Respondents/Cross-Appellants. For Respondent

Judgement

ALOMA MARIAM MUKHTAR, J.S.C (Delivering the Leading Judgment): As per the writ of summons taken out by the plaintiffs in the High Court of Justice of Lagos State the plaintiffs claimed the following reliefs:

"(i) A declaration that the hereditaments situate at and known as No. 24 Onisemo Street, Lagos is the family property under Yoruba Native Law and Custom of the descendants of Ajegun Bashua (deceased).

(ii) possession of such portion of the said hereditaments as are in the possession or control of the defendants or any of them.

(iii) And all account of all rents and profits collected by the defendants from tenants on the said hereditaments and payments of the said rents and profits to the plaintiffs. Annual rental value is N50.00k."

Learned counsel exchanged their pleadings, and the pleadings went through series of amendments.

Briefly, the case of the plaintiffs is that they are the only surviving principal descendants of the family of late Ajegun Bashua who originally owned the …

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