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D. O. RUNSEWE & ORS. V. ALHAJI JIMOH ODUTOLA

(1996) JELR 47620 (SC)

Supreme Court  •  SC.130/1991  •  5 Mar 1996  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; UTHMAN MOHAMMED JSC; SYLVESTER UMARU ONU JSC; YEKINI OLAYIWOLA ADIO JSC; ANTHONY IKECHUKWU IGUH JSC;

Judgement

ONU, J.S.C. (Delivering the Leading Judgment): In the High Court of Justice of the Ijebu-Ode Judicial Division sitting at Ijebu-Ode, Ogun State, the Plaintiff/Respondent instituted on behalf of himself and other members of the NAGA family, an action against the Defendants/Appellants claiming:

"1. Declaration of title according to Native Law and Custom to the landed property situate at Agbala Isasa, Porogun, Ijebu-Ode.

2. N20.00 being damages for continuing trespass committed on the said land by the defendants.

3. Injunction restraining the defendants, their servants, agents or anyone claiming through them from further entry on the land."

After pleadings were ordered, filed and exchanged by the parties the case went to trial. The Plaintiff/Respondent's case went like this.

That his family's claim to the land in dispute was based on inheritance from his ancestor, Ashasa, its original settler/owner. He traced his lineage through Naga from Ashasha, claiming that Ashasha, his son Naga an…

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