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Mrs. Ebun Otubanjo v. Isaiah Adeomi Kujore

(1974) JELR 37598 (SC)

Supreme Court  •  SC.109/1974  •  25 Oct 1974  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; ATANDA FATAYI-WILLIAMS JSC; AYO GABRIEL IRIKEFE JSC;

Judgement

A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment ): The present appellant had been substituted for the plaintiff (now deceased) who had commenced these proceeding against the respondents as defendants in the Ijebu Ode Grade "A" Customary Court. Her claim was for declaration of title according to customary law to a piece of land behind No.5, Modisa Street, Oyingbo, Ijebu-Ode. She also claimed damages for trespass and an injunction.

The first defendant was at the material time the General Trustee of the African Church (Incorporated) while the other three defendants were the President, Treasurer and Secretary, respectively, all of the Bethel African Church, Ijebu Ode. They were all sued as representatives of the said Bethel African Church.

At the hearing in the Customary Court presided over by Chief E. Akinola Cole as sole President on 31st August, 1966, Mr. Odedina, who appeared for the plaintiff made certain allegations which the learned President recorded as follows:

"Mr. O…

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