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LASISI KODE v. ALHAJI SUARA YUSSUF

(2001) JELR 33087 (SC)

Supreme Court  •  SC.239/1993  •  9 Feb 2001  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; MICHAEL EKUNDAYO OGUNDARE JSC; SYLVESTER UMARU ONU JSC; OKAY ACHIKE JSC; SAMSON ODEMWINGIE UWAIFO JSC;

Judgement

ONU, J.S.C.(Delivering the Leading Judgment): The appeal herein (a hybrid of a sort) which the appellant designate as a case involving land as well as interlocutory application both rolled into one, had its roots in the High Court of Oyo State holden at Ibadan. There, the two original plaintiffs, Tiamiyu Adeagbo (now deceased) and Alhaji Lamidi Atanda, for and on behalf of Odetunde family sued the defendant (Alhaji Suara Yussut) for title to Statutory Right of Occupancy to Odetunde family land at Oke-Ode in Ibadan on which their ancestor Odetunde settled.

After the commencement of the action, Alhaji Lamidi Atanda, who also eventually died, brought an application for an injunction against the defendant/respondent to restrain the latter from entering or building on the land and in a 32-pargraph affidavit in support thereof, he deposed to the following relevant averments:-

"1. That I am the 2nd plaintiff/respondent/appellant in this appeal.

2. That our claim against the defendant/respond…

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