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FAGBEMI & ANOR.
V.
ONIRU & ANOR.

(1972) JELR 40527 (SC)

Supreme Court 2 Feb 1972 Nigeria
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Case Details

Suit Number:SC.186/1972
Judges:GEORGE B.A. COKER Justice of The Supreme Court of Nigeria UDO UDOMA Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria Justice of The Supreme Court of Nigeria Justice of The Supreme Court of Nigeria
Counsel:G. O. K. Ajayi (with him, A.C. Ogunmodede), for the 1st Appellant & J.O. Olu Awopeju, for the 2nd Appellant. For Appellant Chief D.O. Coker For Respondent
Other Citations:FAGBEMI & ANOR. v. ONIRU & ANOR. (1972) 2 S.C. (REPRINT) 31

G. B. A. COKER, J.S.C (Delivering the Leading Judgment): The matter for decision in this case lies within a very small compass. The plaintiffs' case is that they had let out to the defendants some swamps along the Idumagbo foreshore of Lagos and that the defendants are now claiming ownership of the said lands in denial of their title as their landlords. The defendants on the other hand state that they are on lands which they had reclaimed from the waters of the sea or the Lagoon.

The learned trial Judge, (Adedipe, J.), after a thorough and dispassionate consideration and examination of the evidence, came to the conclusion that the plaintiffs' case was well founded and accepted it. He both expressly and impliedly rejected the case of the defendants and found in effect that they are tenants of the plaintiffs who are now trying to deny the title of the owners. He gave judgment against them as claimed on the writ.

On appeal before us, a number of points were raised by learned counsel appe…

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