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DADA
V.
BANKOLE

(2008) JELR 47124 (SC)

Supreme Court 18 Jan 2008 Nigeria
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This case involves a land dispute between the appellants, representing the Ikotun and Matori families, and the respondents, representing the Isidana family. The appellants claimed a statutory right of occupancy over a piece of land in Iyesi

Case Details

Suit Number:SC.40/2003
Judges:NIKI TOBI Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Supreme Court of Nigeria
Counsel:F. O. Akerele Esq.0. J. Adeniyi For Appellant O. O. Ojutalayo Esq.A. O. Daudu For Respondent
Other Citations:(2008) 5 NWLR (Pt. 1079) 26, Dada v. Bankole (2008) 5 NWLR (Pt.1079) 26 S.C. (2008) 1 S.C. Pt.III 219 (2008) 1 S.C. Pt.III 219

G. A. OGUNTADE, J.S.C (Delivering the Leading Judgment): The original plaintiff at the trial court was Alhaji Bisiriyu Sule, He died whilst the matter was before the court below on appeal. The present appellants were substituted for him by the court below, similarly the original defendants were three, The 2nd and 3rd of them died whilst the case was pending at the trial .court, The subsisting 1st defendant prosecuted the case to conclusion at the High Court. He also died whilst the matter was before the court below. The present respondents were accordingly substituted for him.

The appellants, as the representatives of Ikotun and Matori families of Iyesi Otta, Ogun State brought their suit against the respondent (as defendant) as the representative of Isidana Family of Iyesi, Otta, Ogun State. In their 3rd Further Amended Statement of Claim, the appellants claimed against the respondents the following reliefs:

"1. A declaration that the plaintiff is entitled to a statutory right of o…

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