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BALOGUN & ORS.
V.
AGBOOLA

(1974) JELR 37531 (SC)

Supreme Court 24 Oct 1974 Nigeria
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- The plaintiffs, representing the Ebo Olobi Family, brought an action in the High Court, Ibadan, seeking a declaration of title and injunction over land at Ibadan off Abeokuta Road; the defendants denied the plaintiffs' claim to ownership

Case Details

Suit Number:SC.20/74
Judges:GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
Counsel:Mr Y.A. Agbaje For Appellant Mr B.O. Babalakin ( Mr C.O. Awoyode with him) For Respondent
Other Citations:(1974) All N.L.R 612 (1974) 10 S.C. 83

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): This appeal is sequel to proceedings initiated in the High Court, Ibadan, by one Yesufu Mogaji Oshundina as plaintiff against one James Fadokun Fakorede. On the writ as filed, the plaintiff sued "for himself and on behalf of the Ebo Olobi Family". The writ was endorsed as follows:

''The plaintiffs are the owner of all that piece or parcel of land situate lying and being at Ibadan off Abeokuta Road and more accurately delineated on a plan to be filed with the statement of claim in this action and an injunction restraining the said defendants, their servants and agents from entering the said land without the permission of the plaintiffs."

In the course of the proceedings, and by virtue of Orders of Court duly made in connection, the following events took place:

(i) Baba Lawani, alias Lawani Molade Akanmu, and Raji Offa were added as plaintiffs "for themselves and as representatives of the other occupiers of the land in dispute".

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