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CHIEF RAJI TOMORI & ORS V. HOSIAH MOTANMI & ORS

(1970) JELR 47615 (SC)

Supreme Court  •  SC.146/68  •  1 Jul 1970  •  Nigeria

Coram
ADEMOLA ADETOKUNBO JSC; CHARLES OLUSOJI MADARIKAN JSC; GEORGE SODEINDE SOWEMIMO JSC;

Judgement

MADARIKAN, J.S.C. (Delivering the Leading Judgment): This action was commenced in the High Court of Oshogbo, (Suit NO.HOS/51/66) where the plaintiffs' writ was endorsed as follows:-

"1. The plaintiffs' claim is jointly and severally against the defendants for:

(a) A declaration of title to a piece or parcel of land situate lying and being at Idi Ose/Ila road at Oba in Oshogbo District, to be particularly delineated on the plan.

(b) The sum of One Hundred Pounds (100pounds) as damages for trespass committed by the defendants and/or their servants or agents on the said piece or parcel of land.

(c) For an order of injunction restraining the defendants, their servants or agents from repeating the said acts of trespass on the land."

Pleadings were ordered and duly delivered. For their part, the plaintiffs who had instituted the action for themselves and on behalf of the Awoyale family aver in their statement of claim that they are the descendants of Lanlona who was the father of Awoyale: t…

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