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

(1977) JELR 46331 (SC)    

Supreme Court  ·  SC.225/1974 ·  20 May 1977 ·  Nigeria
 · 
Other Citations
AJAGUNJEUN & 5 ORS. v. OSHO & 13 ORS. (1977) 5 S.C. (REPRINT) 55
CORAM
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
Core Terms Beta
proceedings
appellants
respondents
court
claim
high court
customary court
ake customary court
ake grade
court of appeal
present appellants
principle of law
western state court of appeal
chief ilori
common law of england
federal supreme court
high court of western state
judgment of the ake customary court
learned president
mr. adeoti
orile kesi
pieces of land
possession of the portion
present proceedings
suit no.
case of the appellants
claim injunction
decision of the ake customary court
decisions of the courts
evidence of the witnesses of the defendants
favour of the appellants
first claim
high court abeokuta
judgment of the court of appeal
judgment of the high court of western state
judgment of the said customary court
leading judgment
natives of kesi
present respondents
previous cases
proper order
record of proceedings
respect of several areas of igbonla
respect of the areas
such circumstances
suit ab 40a
suit no. ab 40a
survey plan

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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