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CHIEF SUBERU OMITOGUN & ORS. V. CHIEF HASSAN SOGUNRO & ORS.

(2003) JELR 57728 (CA)

Court of Appeal  •  CA/I/M.56/2000  •  8 Jul 2003  •  Nigeria

Coram
VICTOR A. O. OMAGE, JCA (Presided and Read the Lead Judgment) FRANCIS FEDODE TABAI, JCA OLUFUNLOLA OYELOLA ADEKEYE, JCA

Appearances
O. Ayanlaja SAN (with him, T. D. Aladesuru) for the Appellants; Chief V. A. Odunaiya for the Respondents.

Judgement

OMAGE, JCA (Delivering the Lead Judgment): The claim of the plaintiffs in the court below is in a representative capacity against the 3 representatives of the Ikija Community in the Ota judicial division. The seven named plaintiffs are the representatives of the Ibaragun Community the plaintiffs in the court below, the High Court of Ogun State, sitting at Ota. They claimed from the defendants now appellants, the following reliefs;

(1) A declaration that the plaintiffs are the persons entitled to customary right of occupancy in respect of the vast area of land situate, lying and being at and around Idi Orogbo Area, Ikija Village in Ogun State of Nigeria.

(ii) A declaration that the 1st, 2nd and 3rd defendants are customary tenants of the plaintiffs.

(iii) Recovery of possession of the vast area of land situate, lying and being at Idi Orogbo Area, Ikija Village in Ogun State of Nigeria held under customary tenure in that the defendants committed acts inconsistent with and in defiance o…

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