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FAGUNWA & ANOR.
V.
ADIBI & ORS.

(2004) JELR 33596 (SC)

Supreme Court 16 Jul 2004 Nigeria
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- The appellants (plaintiffs) sought declarations of title, damages for trespass, and injunction over land in Ogbomoso, relying primarily on traditional history; the respondents (defendants) contended various families, including Osi Agoro (

Case Details

Suit Number:SC.175/2000
Judges:IDRIS LEGBO KUTIGI 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 UMARU ATU KALGO Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria
Counsel:Alhaji Lasu Sanusi For Appellant Chief O.A. Ogundeji For Respondent
Other Citations:Fagunwa v. Adibi (2004) 17 NWLR (Pt.903) 544 (2004) 19 NSCQR 415

TOBI, J.S.C. (Delivering the Leading Judgment): The appellants as plaintiffs in the High Court claimed for declaration of title to land, damages for trespass and injunction restraining the defendants, their servants, agents, privies and workmen from committing further acts of trespass on the land in dispute. Both parties relied on traditional history.

The case of the appellants can be briefly stated. The founder of Yaaku chieftaincy family was Larinso who came from Ile-Igbon Saaki near Old Oyo. Larinso farmed on the land. Upon his death, the farm devolved on his children. The successors to Larinso were Olusoji, Ojo Areomi, Akinjebo, Mafoye, Ajao, Ige, Taiwo and 1st plaintiff, Chief Adeoye Adio Fagunwa.

The respondents, as defendants told a different story. Osi Agboro, Akinyo, Ajadiagbon, Agbooro, Isapa, Alajagbon, Eleuji, Ajoo and Yaaku Idi-Ose families are all members of Yaaku Chieftaincy family of Ogbomoso. The ancestors of the 1st defendant, Chief Nathaniel Agboola Adibi, had to m…

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