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AKINWUNMI & ORS
V.
LAWAL & ORS

(1981) JELR 39908 (SC)

Supreme Court 8 Jul 1981 Nigeria
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- Plaintiffs/respondents sought (a) a declaration that the defendants/appellants were not members of the Ado Family of Ado Village, Lagos State, and (b) an injunction restraining the appellants from interfering with Ado family property or h

Case Details

Suit Number:SC.61/1980
Judges: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
Counsel:B. A. Agusto Esq., (with him, T. A. Oyagbolu, Esq.,) For Appellant A. Adesanya, Esq. For Respondent
Other Citations:AKINWUNMI & ORS. v. LAWAL AND ORS. (1981) 6-7 S.C.

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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