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ATANDA
V.
ILIASU

(2012) JELR 56460 (SC)

Supreme Court 7 Dec 2012 Nigeria
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Case Details

Suit Number:SC. 77/2007
Judges:CHRISTOPHER MITCHEL CHUKWUMA-ENEH JSC (Presided) SULEIMAN GALADIMA JSC BODE RHODES-VIVOUR JSC MUSA DATTIJO MUHAMMAD JSC CLARA BATA OGUNBIYI JSC (Read the Lead Judgment)
Counsel:J. S. Bamigboye (with him, J. S. Muhammad) - for the Appellant. Adeboye Sobanjo (with him, Wahab Ismail Lawal) - f or the Respondent.

OGUNBIYI JSC (Delivering the Lead Judgment): The plaintiff’s claim A at the trial High Court of Kwara State was for a declaration of title on a piece of land situate at Budo Isale Olooru Village. The claims as stated in both the writ of summons and at paragraph 28(1) - (5) of the statement of claim are as follows: 28(1) “Adeclaration that the plaintiff as the head ofAbosede family has the customary right to sue for and on behalf of other members of the family.

A declaration that the land situate at Budo Isale in Olooru Village measuring 10.804 hectares belong to the Abosede family.

An order of this court directing the defendant to pay the compensation of N200,000.00 (two hundred thousand naira) to the plaintiff for the damages caused to the plaintiff’s land. An order directing the defendant, their agents, servants and privies to vacate the land situate at Budo Isale Olooru village.

An order of perpetual injunction restraining the defendants , their agents, servants and privies from act…

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