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KARIMU OGUNLANA (For himself and on behalf of Ijesha-Tedo Village.) V. OBA LATEEF ABAYOMI DADA CHIEF TAJUDEEN ISHOLA ODUBIYI CHIEF BUBARI OLOTO CHIEF YAHAYA OLASENI IDRIS (For and on behalf of themselves of Itire and the Onitire Chieftaincy Family of Itire Lagos State as substituted by the Order of Court dated 21 March 2005)

(2009) JELR 53035 (CA)

Court of Appeal  •  CA/L/426/97  •  20 May 2009  •  Nigeria

Coram
MONICA BOLNA’AN DONGBAN-MENSEM JCA (Presided) BODE RHODES-VIVOUR JCA (Read the Lead Judgment) HUSSEIN MUKHTAR JCA

Judgement

RHODES-VIVOUR JCA (Delivering the Lead Judgment): On 30 April 1975, judgment was delivered by the Supreme Court in Asani Taiwo and Ors. v. Adamo Akinwumi and Ors. (1975) 1 All NLR 202. The facts and antecedents are as follows: In suit No. IK/174/63, the Ijesha-tedo people of Lagos State (as plaintiffs) took out a writ against the Itire people for damages for trespass to land and injunction.

In another suit No. IK/204/63, the Itire people also of Lagos

State (as plaintiffs) against the Ijesha-tedo people as defendants, a declaration that as their customary tenants under native law and custom, the Ijesha-tedo people have forfeited, for misconduct, all their rights in the land as customary tenants. They also claimed damages for unlawfully cutting down the Itire peoples’ palm trees and other economic trees on the land and also claimed for recovery of possession of the land. Both suits were consolidated and heard together. On 2 November 1973, judgment was delivered by the High Court of L…

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