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Chief Aderibigbe Jeoba v. Osho Owonifari

(1974) JELR 33323 (SC)

Supreme Court  •  SC.370/1973  •  25 Oct 1974  •  Nigeria

Coram
GEORGE B.A. COKER JSC; ATANDA FATAYI WILLIAMS JSC; AYO GABRIEL IRIKEFE JSC;

Judgement

A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): In this case, the plaintiff's claim in the Akure High Court against Chief Oniran of Orin reads-

"(1) Declaration of title to the piece or parcel of farmland situate and being at Ese ltaoloke in Ode Ekiti and more particularly described on the plan to be filed later;

(2) 50 pounds general damages for trespass committed by the defendant, his servants and/or agents on the said land;

(3) Injunction restraining the defendant, his servants, agents, and all those deriving title through him from committing further acts of trespass."

At the hearing on 27th April, 1964, both the plaintiff and the defendant were present and were both duly represented by counsel. Pleadings were ordered and were duly delivered. Paragraph 2 of the plaintiff's statement of claim reads

"2. The defendant is the head of the Orin Quarter of Ikole- Ekiti and is being sued as representing the said Orin Quarter of Ikole-Ekiti."

This paragraph was admitted by theā€¦

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