(1981) JELR 39908 (SC)    

Supreme Court  ·  SC.61/1980 ·  8 Jul 1981 ·  Nigeria
Other Citations
AKINWUNMI & ORS. v. LAWAL AND ORS. (1981) 6-7 S.C.
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria
Core Terms Beta
federal court of appeal
order of injunction
learned trial judge
mr. agusto
mr. b. a. agusto
said defendants
statement of claim
statement of defence
trial court
a. b. apatira
a. o. obaseki
appeal fails
claim of the plaintiffs
decision of the federal court of appeal
filing of a plan
g. f. okusanya
grounds of appeal
identity of the land
judgment of the learned brother
k. eso
lagos state
leading judgment
members of ado family of ado village
members of the said ado family
mr. abraham adesanya
particulars of error
plan no. gf
presiding justice
properties of ado family
properties of the ado family
review of the evidence of the learned trial judge
satisfaction of the court
trial judge
true copy of plan no. ab
view of the evidence

K. ESO, JSC (Delivering the Leading Judgment): The claim of the plaintiffs, who are the respondents in this appeal and who, hereinafter, will be referred to as respondents in this judgment, against the defendants hereinafter referred to as appellants is for -

(a) A declaration that the said defendants are not members of Ado Family of Ado Village, Ajeromi Local Government Council Area Lagos State, Nigeria.

(b) An injunction to restrain the said Defendants their servants or agents from interfering with the properties of the Ado family and from holding themselves out as members of the said Ado family.

Pleadings were ordered by the trial court and filed, though in the statement of claim the words "from interfering with the properties of Ado family" were omitted from claim (b) Evidence was led and in his judgment, the learned trial Judge held:

"In the light of the above as well as from my own observation drawn from the history as revealed by both parties, I am fully convinced that the evid…

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