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ALHAJI SANNI SHAIBU V. J.O. BAKARE

(1984) JELR 33973 (SC)

Supreme Court  •  SC.115/1983  •  14 Dec 1984  •  Nigeria

Coram
MOHAMMED BELLO JSC; DAHUNSI OLUGBEMI COKER JSC; ADOLPHUS GODWIN KARIBI-WHYTE JSC; SAIDU KAWU JSC; CHUKWUDIFU AKUNNE OPUTA JSC;

Judgement

COKER, J.S.C. (Delivering the Leading Judgment): This appeal arose from the decision of the Court of Appeal, dismissing the appeal of the defendant against the judgment of Beckley J., sitting in the High Court of Lagos State, at Ikeja. On the 18th day of November, 1977, he gave judgment in favour of the plaintiff for declaration that he is the owner under Yoruba native law and custom to the piece of land at Ipaja Road, Ikeja and more particularly described on a plan No. W.406/61 marked by four boundary pillars Nos. 1535, XR.1533, XR.1534 and A.220. In addition, he awarded N50 damages for trespass, and an order of injunction with N500 costs. The defendant (hereinafter described as the appellant) appealed to the Court of Appeal, which on the 18th June, 1981, by a majority decision (Ademola and Kutigi JJ.C.A., Mohammed J.C.A. dissenting) dismissed the appeal and affirmed the decision of the trial court. Not satisfied with the majority decision, he has further appealed to this Court.

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