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LAMIDI LAWAL OBAWOLE & ANOR V. OLUSOJI COKER

(1994) JELR 45356 (SC)

Supreme Court  •  SC.113/1988  •  3 Jun 1994  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; OLAJIDE OLATAWURA JSC; MICHAEL EKUNDAYO OGUNDARE JSC; SYLVESTER UMARU ONU JSC; YEKINI OLAYIWOLA ADIO JSC;

Judgement

OGUNDARE, J.S.C. (Delivering the Leading Judgment): By writ of summons issued in April, 1976 the plaintiff for himself and on behalf of other members of Aina Coker family sued the defendants for themselves and on behalf of other members of the Obawole Aina Arupe family, claiming N500.00 damages for trespass allegedly committed on a farmland situate, lying and being at Ijaiye Agege, Lagos State in March 1976 and an injunction. Pleadings having been ordered were filed and exchanged and. with leave of court amended. By paragraph 21 of his amended statement of claim, the plaintiff (who is now the respondent before us) claimed as follows:

(i) a declaration of title under Yoruba Native Law and Custom to all that parcel of land situate, lying and being at Ijaiye, Agege which is more particularly shown and edged Red on the Plan attached to the Statement of Claim.

(ii) N500.00 damages for trespass committed on the farmland situate, lying and being at Ijaiye Agege Lagos State by destroying cass…

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