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IPINLAIYE II V.OLUKOTUN

(1996) JELR 46119 (SC)

Supreme Court 4 Jun 1996 Nigeria
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This case involves a dispute over a piece of land between two communities in Ondo State, Nigeria. The plaintiff, on behalf of the Igasi community, claimed ownership of the land and sought a declaration of title, damages for trespass, and an

Case Details

Suit Number:SC.207/1992
Judges:ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Counsel:H.A. Lardner For Appellant Chief J.O.A. Adebo For Respondent
Other Citations:Ipinlaiye II v. Olukotun (1996) 6 NWLR (Pt.453) 148

IGUH, J .S.C. (Delivering the Leading Judgment): In the Ekiti Judicial Division of the High Court of Justice, Ondo State, the plaintiff, who is now appellant, for himself and on behalf of the entire Igasi community instituted an action against the defendant, now respondent, for himself and on behalf of the entire Ahan community, claiming as follows-

"(a) Declaration of title to a piece or parcel of land situate, lying and being at ULOGO FARMLAND in IGASI-AKOKO Division.

(b) N600.00 general damages for trespass committed by the defendants and their agents on the said piece of land.

(c) An injunction restraining the defendants and/or their agents from committing further acts of trespass on the said piece of land."

Pleadings were ordered in the suit and were duly settled, filed and exchanged.

At the subsequent trial, both parties testified on their own behalf and called witnesses. The learned trial Judge, Ogundare, J. as he then was, at the conclusion of the addresses of learned couns…

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