ABIODUN
V.
FASANYA

(1974) JELR 46164 (SC)    

Supreme Court  ·  SC.170/74 ·  8 Nov 1974 ·  Nigeria
 · 
Other Citations
(1974) All N.L.R 772 (1974) 11 S.C. 47
CORAM
GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria DAN IBEKWE Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
Core Terms Beta
defendant
learned trial judge
case
oko oyinbo
exhibit
res judicata
exhibit b
exhibit c
subject-matter
statement of claim
statement of defence
abuse of the process of the court
exhibit d
high court
oniru of lagos
parcel of land
chief yesufu abiodun
subject-matter of suit no. ik
trial
alleged judicial decision
case shows
chief dauda fasanya plaintiff
custom of the piece of land
decision of butler lloyd
designations of the parties
elegushi of ikate
evidence of the plaintiff
exhibit a-judgment of the high court
exhibit b-judgment of the high court
exhibit c-ruling of the high court
following court judgments
judgment of the ikeja high court
lagos state
leading judgment
members of elegushi family
particular case
part of the said land
plaintiffs claim
plea of estoppel
portions of the said lands
present respondent
respect of an application
respect of the said suit no. ik
said parcel of land
such further order

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): In the High Court, Lagos, the present respondent instituted these proceedings against the appellant and on account of its relevance we set out fully hereunder the writ showing the names and designations of the parties and the claims:

"CHIEF DAUDA FASANYA Plaintiff

The Elegushi of Ikate

(for himself and other

members of Elegushi Family)

AND

CHIEF YESUFU ABIODUN

The Oniru of Lagos

(for himself and the IRU

Chieftaincy Family) Defendant

The plaintiffs' claims against the defendant are:

(i) A declaration of title to a parcel of land known as 'OKO OYINBO' near Maroko in the Lagos State; and

(ii) An injunction to restrain the defendant and all the members of his family, his agents and/or his servants from coming on the said parcel of land and molesting the plaintiff and the members of his family.

Dated the 21st day of October, 1971."

Pleadings were duly ordered and a statement of claim was filed by the plaintiffs (i.e. the present res…

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