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AKANDE
V.
AWERO & ANOR

(1977) JELR 46308 (SC)

Supreme Court 21 Jan 1977 Nigeria
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Case Details

Suit Number:SC.292/74
Judges:DARNLEY ARTHUR RAYMOND ALEXANDER Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria
Counsel:R.O.A. Akinjide (with him, E. Emiola) For Appellant A. Ajeigbe For Respondent
Other Citations:Akande v. Awero (1977) 1 S.C. 46 (1977) 1 S.C (REPRINT) 46

A. G. IRIKEFE, J.S.C (Delivering the Leading Judgment): After hearing arguments in this appeal, we indicated that it should be allowed, but promised to give our reasons later. This we now do.

Before the High Court of the Ibadan Judicial Division, the plaintiff, hereinafter referred to as the appellant, endorsed his writ against the respondents thus:-

"The plaintiff's claim against the defendants is for possession of the plaintiff's land situate, lying and being at Oke Ogunpa, Molete, Ibadan, Western State, now unlawfully occupied by the defendants."

Pleadings were ordered and duly exchanged. The appellant's root of title may be discovered from some of the averments in this amended statement of claim, particularly the following:-

(1) The plaintiff is the owner of the entire area verged deep "GREEN" in PLAN No. L&L;/A8657 attached to this amended statement of claim. The plan is hereinafter referred to as the plan.

(2) The lands in dispute are the two areas verged light "YELLOW" inside t…

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