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BAMGBEGBIN & ORS
V.
ORIARE & ORS.

(2009) JELR 47351 (SC)

Supreme Court 26 Jun 2009 Nigeria
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- The dispute involved claims by the Oriare family for a declaration of title, injunction, damages for trespass, and, against certain defendants, forfeiture and possession of land at Apete Area of Ibadan, Oyo State, grounded on traditional

Case Details

Suit Number:SC.419/2001
Judges:NIKI TOBI Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria JAMES OGENYI OGEBE Justice of The Supreme Court of Nigeria
Counsel:Mr. B.A. Aiku For Appellant J.O. Badejo with him, P.E.C. Ekwueme K.O. Obamogie with him, O.M. Eboigbe For Respondent
Other Citations:Bamgbegbin v. Oriare (2009) 13 NWLR (Pt. 1158) 370 S.C

I. T. MUHAMMAD, J.S.C: (Delivering the Leading Judgment): Paragraph 43 of the statement of claim of the respondents in this appeal and plaintiffs in the High Court of Justice of Oyo State holden at Ibadan (trial court) reads as follows:

"WHEREOF the plaintiffs claims:

a) AGAINST ALL THE DEFENDANTS

1) DECLARATION that the members of Oriare family of Oriare Compound are the persons entitled to apply for and granted the certificate of Statutory rights of occupancy in respect of a piece or parcel of land situate, lying and being at APETE AREA OF IBADAN excepting the areas already granted by the plaintiff's family absolutely and more particularly described and odgo(sic) GREEN on PLAN NO. LW 551/87 of 23-11-87 drawn by L. LAYI ARINOLA licensed surveyor or Ibadan.

2) INJUNCTION against the defendants, their heirs, agents and servants and all manner of persons that may be claiming through them from committing any act of trespass entering and/or doing anything whatsoever with the said land.

3…

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