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ASANI SOGUNRO & ORS v. AREMU YEKU & ORS

(2017) JELR 38260 (SC)

Supreme Court  •  SC.218/2004  •  24 Feb 2017  •  Nigeria

Coram
MARY UKAEGO PETER-ODILI JSC; KUMAI BAYANG AKA'AHS JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC; CHIMA CENTUS NWEZE JSC; EJEMBI EKO JSC;

Judgement

CHIMA CENTUS NWEZE, J.S.C. (Delivering the Leading Judgment): At the High Court of Ogun State, Otta Judicial Division, the appellants in this appeal (as plaintiffs) caused a Writ of Summons to be issued against the respondents herein (defendants). Pleadings were settled and exchanged; amended and exchanged.

The case of the appellants, as could be gleaned from Paragraph 33 of the Further Amended Statement of Claim, was expressed thus "The defendants being tenants of the plaintiffs have by their actions denied the plaintiffs' title and have claimed ownership absolutely or through other source." The reliefs sought were couched thus:

"34 (a) A Declaration of forfeiture of the defendants' tenure under native law and custom;

(b) Possession of the said land."

Seven witnesses testified in favour of the plaintiffs. On their part, the defendants' case was put forward by their five witnesses. In his address, at the end of the oral testimonies, learned counsel for the defendants contended that the pl…

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