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CHIEF JAMES OLUSEYI OLONADE & ANOR v. H. BABATUNDE SOWEMIMO

(2014) JELR 42196 (SC)

Supreme Court  •  SC.265/2003  •  16 May 2014  •  Nigeria

Coram
MAHMUD MOHAMMED JSC; JOHN AFOLABI FABIYI JSC; MARY UKAEGO PETER ODILI JSC; MUSA DATTIJO MUHAMMAD JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC;

Judgement

MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Ibadan Division of the Court of Appeal hereinafter referred to as the court below, affirming the decision of the Ogun State High Court, hereinafter referred to as the trial court. The Judgment of the court below being appealed against was delivered on 28th day of May, 2003. The trial court's decision the court below affirmed was delivered on 29th July, 1998. The facts of the case that brought about the appeal are as hereinunder summarized.

The appellants as plaintiffs at the trial court, for themselves and on behalf of the Ijesha Community of Abeokuta, sued the respondent who, in addition to being the defendant, also counter-claimed for himself and on behalf of the Joseph Sowemimo Family. Appellants' claim as contained in paragraph 35 of their further amended statement of claim is for forfeiture, declaration of title, damages and injunction. Respondent's counter claim is for …

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