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YESUFU OYEDIRAN & FAMILY V. TAFA AMOO & ORS

(1970) JELR 34589 (SC)

Supreme Court  •  SC.302/1968  •  30 Oct 1970  •  Nigeria

Coram
ADEMOLA ADETOKUNBO CJN IAN LEWIS JSC GEORGE SODEINDE SOWEMIMO JSC

Appearances
Akinjide (with him, Adejare) For the Appellant; Latinwa For the Respondent.

Judgement

LEWIS, J.S.C. (Delivering the Judgment of the Court): In suit HOS/8/66 in the High Court Oshogbo, the plaintiff writ of summons read:-

1. "The plaintiffs' claim against the defendants is for declaration of title according to native law and custom to a piece or parcel of land situate, lying and being at Ekuro, Ede District, Oshun Division and will be shown on the plan to be filed with statement of claim. The boundary of the land claimed is as follows: - Bounded on the North by Oye and Iwoye people's land, on the East by Onisanyindo and Elemila people's land, in the South by Adoo and Idoo people's land and on the West by Aro River and Oloshuntedo's land respectively.

2. An injunction to restrain the defendants, their agents or servants from entering into the land in dispute.

3. The annual rental value of the land is 20-5s'-0d (Twenty pounds and five shillings)."

On the 29th of June, 1967, Fakayode, J. gave judgment and made the following orders:-

"(a)That the defendant on behalf of hims…

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