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AGBABIAKA
V.
SAIBU & ORS

(1998) JELR 45676 (SC)

Supreme Court 17 Jul 1998 Nigeria
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Case Details

Suit Number:SC.171/1995
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Counsel:G. Bello. Esq. -for the Appellant For Appellant Respondents absent and unrepresented For Respondent
Other Citations:Agbabiaka v. Saibu (1998) 10 NWLR (Pt.571) 534 (1998) 7 S.C (Pt II) 167, (1998) 11 NWLR (Pt. 572) 16, (1998) JELR 74873 (SC)

IGUH, J.S.C. (Delivering the Leading Judgment): In the Ikeja Judicial Division of the High Court of Lagos State, the plaintiff, who is now the appellant, by his predecessor, Alhaji (Chief) Tijani Agbabiaka Faniyi Aluko, deceased, and suing as the head of the Okota family of Isolo, in Lagos State commenced an action on the 7th day of December, 1982 against the respondents, who therein were the defendants, claiming jointly and severally as follows -

"(a) A declaration that the plaintiff as head of the Okota family is the only person entitled to manage Okota family land.

(b) A full and correct statement of all monies collected by the defendants and each and everyone of them, their servants and/or agents whether as rent, premium or otherwise from any person or persons to whom they have purported to grant plots or portions of Okota family land or otherwise received for and on account of the family land.

(c) Payment over to the plaintiff of the gross sum so collected or received by the de…

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