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ALHADJA SABALEMOTU A. KAIYAOJA & ORS V. LASISI EGUNLA

(1974) JELR 33910 (SC)

Supreme Court  •  SC.325/1973  •  18 Dec 1974  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; DANIEL ONWURA IBEKWE JSC; AYO GABRIEL IRIKEFE JSC;

Judgement

DAN IBEKWE, J.S.C. (Delivering the Leading Judgment): On the 1st day of March, 1966 the plaintiffs in this case (herein appellants) instituted an action against the defendant (herein respondent) claiming declaration of title to that "piece or parcel of land situate, lying and being at 23, Safebirth Street, Mushin via Ikorodu Road, and injunction to restrain the defendant, his servants and/or agents from further acts of trespass." The plaintiffs are the surviving descendants of the late Kaiyaoja who died in 1924 intestate leaving a large parcel of land on Ikorodu Road. Their root of title dates back to 1914 when their late father first acquired a fee simple estate in the land by virtue of a deed of conveyance dated 16th November, 1914. After his death in 1924 the then surviving children, who were seven in number, succeeded him. It is the plaintiffs' case that after the death of the late Kaiyaoja the land devolved on his surviving children and grand-children under Yoruba Customary Law.

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