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AJAGUNJEUN & 5 ORS.
V.
OSHO & 13 ORS.

(1977) JELR 46331 (SC)

Supreme Court 20 May 1977 Nigeria
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Case Details

Suit Number:SC.225/1974
Judges:SIR DARNLEY ALEXANDER Justice of The Supreme Court of Nigeria GEORGE S. SOWEMIMO Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS O. OBASEKI Justice of The Supreme Court of Nigeria
Counsel:A. O. Sikuade For Appellant A. O. Rahman, (with him, G. A. Folarimi) For Respondent
Other Citations:AJAGUNJEUN & 5 ORS. v. OSHO & 13 ORS. (1977) 5 S.C. (REPRINT) 55

IDIGBE, J.S.C. (Delivering the Leading Judgment): In these proceedings which commenced in the Ake Grade 'A' Customary Court, holden at Abeokuta, the appellants, as plaintiffs, claimed from the respondents, as defendants,

"(1) Possession of the portion or portions of the farmland occupied by the defendants on the plaintiffs' farmland at Orile Kesi as per judgment in suit No. 139/58 Ake Grade 'A' Court confirmed in suit No. AB 40A/60 High Court Abeokuta on appeal.

(2) Injunction to restrain the defendants from further occupation of the portion or portions of the farmland.

The Ake Grade 'A' Customary Court (hereinafter referred to as the 'Ake Customary Court') presided over by His Honour, Samuel Ayodele Olukoya, Esquire on the 19th day of August, 1971, in its judgment in favour of the appellants ordered as follows:

"There will be judgment in favour of the plaintiffs for possession and injunction as per the Writ of Summons as against the defendants."

The appellants unsuccessfully appealed…

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