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ALHAJI RAJI ODUOLA & ORS V. JOHN GBADEBO COKER & ANOR

(1981) JELR 42506 (SC)

Supreme Court  •  SC.66/1980  •  22 May 1981  •  Nigeria

Coram
ATANDA FATAYI-WILLIAMS JSC; GEORGE SODEINDE SOWEMIMO JSC; AYO GABRIEL IRIKEFE JSC; MOHAMMED BELLO JSC; ANDREWS OTUTU OBASEKI JSC; AUGUSTINE NNAMANI JSC; MOHAMMADU LAWAL UWAIS JSC;

Judgement

A. G. IRIKEFE, J.S.C.(Delivering the Leading Judgment):This case has had a rather interesting history. The original plaintiffs, who are technically no longer interested in the case, took out the writ which commenced this action on 3rd March, 1969. The said plaintiffs, namely - (a) Alhaji Raji Oduola, (b) Bello Lahan and (c) Chief Bello Akinrin acting for themselves and on behalf of the Ibikunle family sued (a) John Gbadebo Coker and (b) Oladigbolu Coker, jointly and severally for title to the disputed land under native law and custom and for recovery of possession. Thereafter, the following was the sequence of events in so far as they are material to this appeal.

The statement of claim was filed on 12th April 1969 while the Statement of Defence was filed on 13th May, 1969. The plaintiffs asked for further and better particulars on 25th April, 1970 and same were delivered on 28th May, 1970. Hearing of evidence commenced on 7th December, 1971 and concluded with counsel's addresses on 8t…

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