AKINBANBI & ORS.
V.
DANIEL & ORS.

(1977) JELR 46325 (SC)    

Supreme Court  ·  SC.434/1975 ·  24 Jun 1977 ·  Nigeria
 · 
Other Citations
AKINBAMBI & 3 ORS. v. DANIEL & 2 ORS. (1977) 6 S.C.
CORAM
UDO UDOMA Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
Core Terms Beta
defendants
onitire family
agia family
dispute
case
counsel
2nd defendants
appeal
evidence
j. a. daniel
native law
suit no.
3rd defendant
area of land
consolidated suits
declaration of title
exhibit c
exhibits b
lower court
plots of land
trespass
5th defendants
600pounds damages
agia village
appeal fails
chief onitire of itire
consent judgment of the supreme court
daniel allotment plan
deed of conveyance exhibit b.
desperate attempt
dispute form part must of necessity
evidence of the 1st plaintiff
examination of late pa daniel
favour of pa daniel
g. s. sowemimo
inter alia
lagos state high court
leading judgment
learned trial judge
necessary declaration of title
only point of substance
original title
plan no. ct
possession of the said plots of land
rightful successor
said land
short answer
supreme court
triable issue

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): The appellants are the defendants in the consolidated Suits 1/119-122/58 instituted by the respondents, as plaintiffs, at the Lagos State High Court holden at Lagos for (a) a declaration of title to certain plots of land situate, lying and being at Agia Village, Itire via Mushin, (b) possession of the said plots of land (c) 600pounds damages for trespass from the 1st and 2nd defendants and from each of the 3rd and 5th defendants; and (d) an injunction against the defendants, their servants or agents from further trespassing on the said land.

The case for the plaintiffs in the lower court is that the area of land of which the plots in the consolidated actions form a portion, originally belonged to Chief Onitire of Itire or preferably the Onitire family. The defendants do not dispute that this is so. The dispute however centred on whether Chief Onitire granted a large portion of the area to the Agia family absolutely under native…

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