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ABRAHAM OYENIRAN & ORS. V. JAMES EGBETOLA & ANOR.

(1997) JELR 45393 (SC)

Supreme Court  •  SC.27/1990  •  9 May 1997  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; EMMANUEL OBIOMA OGWUEGBU JSC; UTHMAN MOHAMMED JSC; SYLVESTER UMARU ONU JSC;

Judgement

U. MOHAMMED, J.S.C. (Delivering the Leading Judgment): This is an appeal from the judgment of the Court of Appeal, Ibadan Division. In its decision, the lower court affirmed the judgment of Ajileye J. of Oyo State High Court which the learned trial judge delivered at Oshogbo. The claim of the plaintiffs, who are respondents in this appeal, as per their writ of summons, is as follows:

"(i) Declaration that the plaintiffs, by customary occupation are entitled to the customary right of occupancy to the plaintiff's Songbe/Idi-Iroko Farmland situate lying and being at Songbe/Idi-Iroko, Kuta in Iwo East Local Government Area of Oshun Division of Oyo State of Nigeria; (Relevant Plan of the said disputed land to be filed with the Statement of Claim will show specific delimitations.)

(ii) N1000 being General Damages against the defendants for trespass committed upon the said farmland by the said defendants and/or their agents between February and May, 1982.

(iii) Injunction restraining the def…

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