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ADEGBAIYE & ANOR
V.
AKINRIMISI & ANOR

(1974) JELR 39750 (SC)

Supreme Court 24 Oct 1974 Nigeria
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Case Details

Suit Number:SC.18/74
Judges:GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
Counsel:Mr. S.B. Oduwole ( Layi aderemi with him) For Appellant Mr. J. Faloye For Respondent
Other Citations:(1974) All N.L.R 619 Adegbaiye v. Akinrimisi (1974) 10 S.C. 91

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): In the High Court, Ondo, Western State, the present appellants (as plaintiffs) sued the present respondents who were the defendants to the action for the following claims:

"1. Declaration of title to the piece or parcel of land situate at Ita Luwowo Akure Road, Ondo District.

2. 300 pounds being general damages for trespass committed by the defendants upon the said land in or about October, 1959, by entering the said land and gathering palm fruits thereon.

3. Injunction to restrain the defendants, their servants and/or agents from entering or doing any act upon the said land."

The parties duly filed their respective pleadings and there was mutual agreement between them concerning the identity of the land in dispute. The plaintiffs claim by their statement of claim that the said land originally belonged to an Oshemawe of Ondo, by name Ajishowo, who had granted same to his son Adegboemi who entered into possession of the said lan…

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