(1997) JELR 45452 (SC)    

Supreme Court  ·  SC.111/1990 ·  18 Jul 1997 ·  Nigeria
Other Citations
Clay Ind. (Nig.) Ltd. v. Aina (1997) 8 NWLR (Pt.516) 208
MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
ajose family
native law
bisiriyu akintola
exhibit d1
chief t.a. doherty
declaration of title
present case
exhibit p2
trial court
akanbi ajose
deed of conveyance
learned trial judge
original owners
possession of the land
exhibit d3
high court of western nigeria
said ajose family
said land
branch of the ajose family
case of the defendant
exhibit p4
late chief t.a.doherty
limitation law
parcel of land
basic principle
careful evaluation of the evidence
decision of ajose adeogun
exhibit p3
following terms
ground of want of jurisdiction
high court judgment
high court of justice
issue of title
judgment of the court of appeal
larger area of farmland
leading judgment
learned counsel
members of his faction of the ajose family
part of the said land
question of the absence of notice
respective foot of title
respect of the land
subsequent trial
title of the defendants
title of the late t.a.doheny

A. I. IGUH, J.S.C. (Delivering the leading judgment): This is an appeal against the judgment of the Court of Appeal, Lagos Division, which has on the 25th day of January, 1989 allowed the appeal by the plaintiffs from the decision of Ajose Adeogun. J. sitting at Ikeja in the High Court of Justice, Lagos State.

The plaintiffs who were partners, trading under the name and style of Idland Contract and Supply Company, had on the 17th day of September, 1970 instituted an action against the defendant claiming as follows-

"(a) A declaration of Title to all that piece or parcel of land situate, lying and being at Oregun Road, Morekete Village, Ikeja Division of Lagos State of Nigeria;

(b) Injunction restraining the defendant their servants and/or agents against further acts of trespass on the said land and

(c) Two Hundred Pound ('a3200) damages for the said acts of trespass."

Pleadings were ordered in the suit and were duly settled, filed and exchanged. At the subsequent trial: both parti…

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