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CORNELIUS ANJORIN LEBILE V. THE REGISTERED TRUSTEES OF CHERUBIM AND SERAPHIM CHURCH OF ZION OF NIGERIA, UGBONLA

(2003) JELR 38654 (SC)

Supreme Court  •  SC.18/1997  •  10 Jan 2003  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC; UTHMAN MOHAMMED JSC; UMARU ATU KALGO JSC; SAMSON ODEMWINGIE UWAIFO JSC; AKINTOLA OLUFEMI EJIWUNMI JSC;

Judgement

S. O. UWAIFO, JSC (DELIVERING THE LEADING THE JUDGMENT): This action was brought in a representative capacity on behalf of the Lebile family. The full family name was pleaded in paragraph 2 of the amended statement of claim as Lebile Okunnuwa family. The said family is part of a community known as Igbokoda. Igbokoda is in Ilaje/Ese-Odo Local Government Area of Ondo State. The reliefs sought against the defendants were stated as:

(1) A declaration that the plaintiff is entitled to a customary right of occupancy of a parcel of land situate along College Road, Igbokoda which is bounded on one side by Ilaje High School, on the second side by the building of Mr. Jeje, on the third side by College Road and on the fourth side by Toloki Stream.

(2) An order of perpetual injunction.

(3) N10,000.00 general damages for trespass.

The location and description of the said land was further particularly pleaded in paragraph 9 of the amended statement of claim thus:

"The land in dispute is bounded on …

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