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CHIEF KAFARU OJE & ANOR V. CHIEF GANIYU BABALOLA & ORS.

(1991) JELR 43047 (SC)

Supreme Court  •  SC.135/1987  •  24 May 1991  •  Nigeria

Coram
MOHAMMED BELLO JSC; SAIDU KAWU JSC; PHILLIP NNAEMEKA-AGU JSC; ABUBAKAR BASHIR WALI JSC; OLAJIDE OLATAWURA JSC;

Appearances
Chief G. O. K. Ajayi, SAN. (with him, Ayo Obe (Mrs), A. A. Osaka, Esq. and P.C. Nwakuna, Esq.) For Appellant Bisi Adegunle, Esq. (with him, Owolabi Dawodu, Esq. and O. Yusuf, Esq.) For Respondent

Judgement

P. NNAEMEKA-AGU, J.S.C. (Delivering the Leading Judgment): This is an appeal by the defendant against the judgment of the Court of Appeal, Ibadan Division, which had reversed the judgment in favour of the defendants by Delana, J. sitting in an Ogun State High Court holden at Ilaro. The plaintiff's claim before the High Court, as amended, was for the following reliefs:-

"(1) A declaration of Title that as against the Defendants, the Plaintiffs are the absolute owners under Native Law and Custom of all that piece or parcel of land known as Igodo Farm at Gaun in Ogun State.

(2) Two Hundred Naira (N200.00) being damages for trespass and/or waste committed by the Defendants, their servants and/or agents against the plaintiffs in respect of the said land.

(3) Injunction to restrain the Defendants by themselves, their servants and/or agents or otherwise from continuing or repeating any of the acts complained of above and/or hereunder.

(4) The plaintiffs are the owners of the said land and th…

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