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SAMUEL OKEDARE V. OBA AHMADU ADEBARA & ORS.

(1994) JELR 43370 (SC)

Supreme Court  •  SC.29/1991  •  24 Jun 1994  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; SYLVESTER UMARU ONU JSC; YEKINI OLAYIWOLA ADIO JSC; ANTHONY IKECHUKWU IGUH JSC;

Judgement

ADIO, J.S.C. (Delivering the Leading Judgment): The first respondent, a traditional ruler instituted an action in the Kwara State High Court against the appellant, the second and the third respondents in which he, inter alia, claim ed a declaration that he, as the Oba of Jebba, was by paternal inheritance, the owner of all lands in Jebba. He claimed other reliefs, including declarations in relation to certain things and injunctions restraining the appellant alone or the 2nd and the 3rd respondents in relation to certain matters. The appellant filed a Statement of Defence to the Statement of Claim of the 1st respondent. In the Statement of Defence of the appellant was included a counter-claim in which he claimed, inter alia, a declaration that he and his family known and called Okedare family of Jebba' were the customary owners and/or entitled to possession of all lands in and around Jebba, Kwara State, Nigeria, which land was bounded in the North by River Niger, in the West by Gata, i…

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