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APATA
V.
OLANLOKUN & ANOR

(2013) JELR 48264 (SC)

Supreme Court 12 Jul 2013 Nigeria
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Case Details

Suit Number:SC.139/2004
Judges:IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria STANLEY SHENKO ALAGOA Justice of The Supreme Court of Nigeria
Counsel:T. O. Busari, Esq. For Appellant Sonny O. Wogu, Esq., with Mrs. C. P. Egwuatu, and O. E. Olumekwu, (Mrs.) For Respondent

STANLEY SHENKO ALAGOA, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Ibadan Division (hereinafter referred to as the lower Court or the Court below) delivered on the 2nd of December, 2003 affirming the judgment of the High Court Ilesha, Osun State delivered on the 30th of June, 1992. At the said High Court, the present Respondents as Plaintiffs for themselves and on behalf of the Ogidan Family took out a Writ of Summons against the present Appellant as Defendant claiming the following:

i. Declaration that the Plaintiffs are entitled to the customary right of occupancy to that piece or parcel of land situate, lying and being at Imoo near Itagunmodi bounded on the West by the Motor Park, on the South by John Fagbewesa's farm" on the East by the Kuku Hill and on the North by Joseph Ola's farm.

ii. Forfeiture of the customary tenancy of the Defendant on the said land.

iii. 16 cwt of dried cocoa beans at 1 cwt per year from 1976 or…

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