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TAIYE OSHOBOJA v. ALHAJI SURAKATU AMIDA & ORS

(2009) JELR 47230 (SC)

Supreme Court  •  SC.54/2002  •  11 Dec 2009  •  Nigeria

Coram
DAHIRU MUSDAPHER JSC; ALOMA MARIAM MUKHTAR JSC; IKECHI FRANCIS OGBUAGU JSC; MOHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC; JOHN AFOLABI FABIYI JSC;

Judgement

I. F. OGBUAGU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Lagos Division (hereinafter called "the court below") delivered on 20th June, 2000 affirming the Judgment of the High Court of Lagos State Judicial Division presided over by Obadina, J. (as he then was) delivered on the 19th of December, 1996 which found in favour of the Respondents.

Dissatisfied with the said decision, the Appellants have further appealed to this Court initially on six (6) Grounds of Appeal but they later file an Amended Notice of Appeal with fourteen (14) Grounds of Appeal.

They have formulated ten issues for determination. They read as follows:

"(1) whether the lower courts (sic) were right in law in granting absolute title to the respondent 'who had admitted that their title is burdened by the alleged customary tenancy of the appellants. Ground 7.

(2) Whether the respondents were entitled to a writ of possession when no title was given to them in…

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