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ASHIRU NOIBI V. R. J. FIKOLATI & ANOR.

(1987) JELR 42709 (SC)

Supreme Court  •  SC.128/1985  •  13 Mar 1987  •  Nigeria

Coram
KAYODE ESO JSC; ANTHONY NNAEMEZIE ANIAGOLU JSC; AUGUSTINE NNAMANI JSC; MUHAMMADU LAWAL UWAIS JSC; SALIHU MODIBBO ALFA BELGORE JSC;

Appearances
Wole Olanipekun with Gboyega Awomolo For Appellant A. O. Akande with Femi Oshundahunsi and Mrs. A. A. Olamola-Owa For Respondent

Judgement

BELGORE, J.S.C. (Delivering the Leading Judgment): The matter subsequently leading to final appeal to this Court originated in Ekiti South Customary Court Grade 1. It went on appeal to the High Court of Ondo State, Ekiti Judicial Division sitting at Ado-Ekiti. The Plaintiffs' claim in the Customary Court is as follows:-

1. Declaration of title to a piece of land which is at Odo- Idemo Street, Okerere quarters, Ikere-Ekiti.

2. 50pounds or N100 general damages for trespass committed and still being committed on the said land.

3. Injunction to restrain the defendant and his agents and servants from committing further acts of trespass on the said land. The said land is about 50 feet by 30 feet and is bounded as follows:

(a) On one side by the tarred Ikere-Ado road.

(b) On the second side by Amos Onikeko Egbake's house

(c) On the third side by Omotoso's shop

(d) on the fourth side by Agbanigo's Storey House.

The value of the land is about 50pounds or N100. Dated at Ado-Ekiti this 19th…

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