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ATANDA
V.
LAKANMI

(1974) JELR 40074 (SC)

Supreme Court 22 Mar 1974 Nigeria
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- The plaintiff/respondent, as Oye of Ifon, claimed a declaration of exclusive rights to reap palm fruits and nuts on Elepo/Iseki farmland (alleged to be stool land attached to the Oye chieftaincy), and sought an injunction to restrain the

Case Details

Suit Number:SC.155/73
Judges:TASLIM OLAWALE ELIAS 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
Counsel:Mr. Y.A. Agbaje for the Appellants. For Appellant Mr.O.O. Somolu for the Respondent. For Respondent
Other Citations:(1974) All N.L.R 152 Atanda v. Lakanmi (1974) 3 S.C. 80

SOWEMIMO, J.S.C. (Delivering the Leading Judgement): In suit HOS/18/66, the respondent is the plaintiff and the appellants are the defendants. The case was first tried at the Oshogbo High Court and judgment was entered for the plaintiff. The defendants appealed to the Western State Court of Appeal and on the conclusion of hearing in suit CAW /49/68 the Court on Thursday 26th September, 1968, made the following orders:

"UPON READING the Record of Appeal herein and after hearing Mr. Adenekan Ademola of Counsel for the PlaintifflRespondent and Mr. Y.A. Agbaje of Counsel for the Defendants/Appellants, both counsel agreeing that this case be sent back for retrial by another judge:

"IT IS ORDERED:

(1) That this appeal be allowed.

(2) That the judgment of the High Court, Oshogbo delivered on the 20th day of December, 1967, including the order as to costs be set aside.

(3) That this case be sent back for retrial before another judge.

(4) That the order for the appointment of Receivers made by…

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