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TAJUDEEN OLALEYE-OTE & ANOR v. ALHAJA FALILATU BABALOLA

(2012) JELR 34743 (SC)

Supreme Court  •  SC.197/2004  •  20 Jan 2012  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; JOHN AFOLABI FABIYI JSC; SULEIMAN GALADIMA JSC; NWALI SYLVESTER NGWUTA JSC; MARY UKAEGO PETER-ODILI JSC;

Judgement

SULEIMAN GALADIMA, J.S.C. (Delivering the Leading Judgment): Sometime in May 1989, the Respondent as Plaintiff had taken the Appellants as Defendants to an Ifo Grade II Customary Court, Ogun State claiming as follows:

"Plaintiff seeks for declaration of title claiming the lawful ownership of a piece of land which was inherited from my late father Abdu Sarki Areago with purchase receipt dated 21st of April, 1940. The plaintiff's claim against the defendant is for the sum of one thousand naira (N1,000.00) being for trespass on the landed property being and lying at Aboro Area of Agbado in Ifo/Otta Local Government Area.

The boundaries are as follows:

It measures 2 acres. On the right is bounded by Late Babo Alawofun landed property. On the left in bounded by Oto landed property. At the South is bounded by Oto landed property.

That an interim injunction to restrain the Defendant her agents or privies form owing or entering into the said land in dispute pending the determination of this c…

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