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JOSEPH BABALOLA ONI & ORS V. SAMUEL ARIMORO

(1973) JELR 48788 (SC)

Supreme Court  •  SC.70/1972  •  16 Mar 1973  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; ATANDA FATAYI-WILLIAMS JSC; GEORGE SODEINDE SOWEMIMO JSC;

Judgement

A. FATAYI-WILLIAMS J.S.C. (Delivering the Leading Judgment): In suit No. 1/78/68 which was commenced in the Ibadan High Court, the plaintiff, now respondent, against the defendants, now appellants, declaration of title to a piece of land situate at Sabo near Mokola round about in Ibadan.

The claim was dismissed by the High Court. The plaintiff thereupon appealed to the Western State Court of Appeal. That court allowed the appeal, set aside the judgment of the High Court, and entered judgment for the plaintiff in terms of his claim. The defendant has now appealed to this court against that decision.

Paragraphs 2 to 5 to the plaintiff's statement of claim read-

"2. The land in dispute originally belonged to Aragba family of Ayeye, Ibadan aforesaid.

3. By a deed of conveyance dated 5th day of February, 1968 and registered as No. 8 at page 8 in Volume 1048 of the Lands Registry in the Office at Ibadan, Lawani Akanbi, Mogaji Aragba family and others for themselves and on behalf of the s…

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