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MR. TAIWO ILARI OGUN V. MR. MOLIKI AKINYELU & ORS.

(2004) JELR 45029 (SC)

Supreme Court  •  SC.207/1999  •  10 Dec 2004  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; ANTHONY IKECHUKWU IGUH JSC; SAMSON ODEMWINGIE UWAIFO JSC; DAHIRU MUSDAPHER JSC; SUNDAY AKINOLA AKINTAN JSC;

Judgement

MUSDAPHER, J.S.C. (Delivering the Leading Judgment) The plaintiffs from the beginning commenced this action in a representative capacity at Ifo/Ota grade one Customary Court State, Ogun State, whereat they claimed for themselves and on behalf of Osata Adasin family of Ijana quarters, Otta, Ogun State against the defendant for:

"Declaration of ownership of about 105 Hectares of landed property which is situate, lying and being at Obere village via Atan-Ota, Ogun State of Nigeria of Ilusata family land of Ota, which the defendant is now claiming to be his own.

Immediately hearing in the matter commenced before the said Customary Court and for reasons not clearly apparent, the defendant successfully petitioned to the Chief Judge of Ogun State for the transfer of the matter to the High Court. The matter came before Bakare, J. at the Otta Judicial Division. After the delivery of pleadings, the plaintiffs called seven witnesses while the defendant called eight witnesses. In his judgment af…

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