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LAYINKA & ANOR.
V.
MAKINDE & ORS.

(2002) JELR 49547 (SC)

Supreme Court 10 May 2002 Nigeria
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- The dispute concerns title and possession over a vast tract of land at Abanla area, Ibadan; proceedings originated in 1944 in the Native Court, with multiple subsequent litigations culminating in the present High Court action filed in 198

Case Details

Suit Number:SC.139/1997
Judges:SALIHU MODIBBO ALFA BELGORE 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 SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria
Counsel:Alhaji A. Ishola Gbenla For Appellant Y. A. Agbaje, SAN (with him, Adeoba Ademoyega, Esq.)for the 1st - 5th RespondentsOluyele Delano, Esq.-for the 6th Respondent For Respondent
Other Citations:Layinka v. Makinde (2002) 10 NWLR (Pt.775) 358 (2002) 5 S.C (Pt.I) 109

S. M. A. BELGORE, J.S.C. (Delivering the Leading Judgment): This appeal is in respect of the decision of Court of Appeal, Ibadan Branch. The action which led to the appeal in that court, on a cursory look, appears to have started in the High Court. But that is actually not the true story. The case actually started in 1944 in the Native Court, it went on appeal to District Officer's Court then to Residents' Court in which the present appellants lost all their claims to the vast track of land in issue. They similarly lost appeal in Governor's court. The decisions in all those courts went in favour of the respondents who had all along been in possession. After about fifty years, the descendants of the original losers, Layinka Family, in 1987, took out a new writ and claimed as follows:

1. AGAINST ALL THE DEFENDANTS

(a) DECLARATION that members of Layinka family of Ibadan are the persons entitled to a grant of statutory rights of occupancy in respect of a piece or parcel of land situate,…

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