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LAYINKA & ORS
V.
GEGELE

(1993) JELR 43311 (SC)

Supreme Court 26 Mar 1993 Nigeria
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- The plaintiff sued the defendants claiming that the sale of portions of the family land by the 1st to 3rd defendants to the other four defendants should be declared null and void. - The trial court found in favor of the plaintiff and set

Case Details

Suit Number:SC.217/1988
Judges:MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria SHEHU USMAN MOHAMMED Justice of The Supreme Court of Nigeria
Counsel:1. Chief M. Esan2. E. C. Obiagwu For Appellant 1. Aliyu Salmon, SAN2. L. Jimoh For Respondent
Other Citations:Layinka v. Gegele (1993) 3 NWLR (Pt.283) 518 (1993) 24 N.S.C.C (Pt I) 361

OGUNDARE, J.S.C. (Delivering the Leading Judgment): By a writ of Summons issued in the High Court of Kwara State holden at Ilorin the plaintiff for himself and on behalf of the Galadima family of Gegele sued the seven defendants above claiming a declaration that the sale of portions of the family land by the 1st three defendants to the other four defendants be declared null and void. Pleadings were ordered, filed and exchanged. By paragraph 23 of the Statement of Claim the plaintiff claimed as hereunder:

"(i) the setting aside of the sale by declaring the sale illegal, null and void;

(ii) declaring the 4th, 5th, 6th and 7th defendants as trespassers on Galadima land along the Ilorin airport;

(iii) damages against all the defendants jointly and severally estimated at three thousand Naira (N3,000.00) only.

The defendants filed a joint Statement of Defence. At the trial of the action evidence was led on both sides and after addresses by learned counsel for the parties, the learned tr…

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