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J.O Ojosipe v. John Dada Ikabala & Ors

(1972) JELR 33440 (SC)

Supreme Court  •  SC.42/1972  •  21 Apr 1972  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; CHARLES OLUSOJI MADARIKAN JSC; UDO UDOMA JSC;

Judgement

T. O. ELIAS, C.J.N. (Delivering the Leading Ruling): This is an application on behalf of defendant/applicant for an order:-

(i) for leave to appeal to this Honourable Court from a decision of the Lagos High Court made in the above matter on Monday, 21st February, 1972;

(ii) for leave to appeal to this Honourable Court from a decision of the Lagos High Court made in the above matter on Monday, 13th March, 1972;

(iii) staying all further proceedings in the said action in so far as it relates to each of the orders appealed from; and

(iv) such further or other orders as this Honourable Court may deem fit to make.

The affidavit in support of the application discloses that in Suit No.LD/967/71 in the High Court of Lagos the plaintiffs/respondents claimed against the defendant/applicant as follows:-

1. A declaration that the plaintiffs were entitled under Yoruba native law and custom to over 800 acres of the 1,152 acres of land acquired by the Federal Government at Iju Adiyan for the I…

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