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CHIEF ADESINA JINADU & ORS. V. CHIEF ISRAEL ESUROMBI-ARO & ANOR

(2009) JELR 47244 (SC)

Supreme Court  •  SC.54/2005  •  3 Apr 2009  •  Nigeria

Coram
DAHIRU MUSDAPHER JSC; GEORGE ADESOLA OGUNTADE JSC; FRANCIS FEDODE TABAI JSC; JAMES OGENYI OGEBE JSC; MOHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC;

Judgement

G. A. OGUNTADE, J.S.C (Delivering the Leading Judgment): The respondents were the plaintiffs before the Lagos High Court where they claimed against the appellants (as the defendants) the following reliefs:

"1. A declaration of title under native law and custom to all that parcel of land being part of Ojora Chieftaincy Family land situate at Iganmu, Lagos comprising inter alia Orile Iganmu, Aloko Sarage, Sari, Offa-Offin, Oso-Olodi, Tokosi, Coker, Ajabe, Laniyonu, Tapa Bankole, Imoro and adjourning villages shown on Plan No. AL 641/1974;

2. Forfeiture of the customary tenancy and occupational right of all the defendants and each of them in the land in dispute.

3. Possession of the said lands."

The parties filed and exchanged pleadings. The suit was heard by Segun C.J. On 13th December, 2000, the trial Chief Judge in his judgment granted the claims of the plaintiffs now respondents. The counter-claims filed by some of the defendants were dismissed. The defendants/appellants were dissat…

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