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LOKOYI & ANOR
V.
OLOJO

(1983) JELR 46435 (SC)

Supreme Court 18 Aug 1983 Nigeria
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Case Details

Suit Number:SC.127/1982
Judges:CHUKWUWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria
Counsel:L. Ladapo (with him L. Emefulu) For Appellant F. Adedeji For Respondent
Other Citations:(1983) All N.L.R 461 Lukoyi v. Olojo (1983) 2 SCNLR 127

OBASEKI, J.S.C. The appellants were defendants in suit No. HIL/12/74 instituted by the respondents in the former High Court of Justice, Western Nigeria on the 9th day of May, 1974. In the said suit, the respondent claimed as endorsed on the writ of summons:

(1) A declaration of title to all that parcel of land situate, lying and being at Oke-Eyiyi via Inashin in Ijesha South Division which would be more particularly described in a survey plan to be filed;

(2) Injunction restraining the defendants, their servants and agents from entering the land in dispute.

On the orders of the court, pleadings were filed, exchanged and served and the issues joined came up for hearing and were set down for hearing and were set down for hearing before Adenekan Ademola, J. At the conclusion of the hearing, the learned trial judge, (Ademola, J.) delivered a well considered judgment in which he allowed the plaintiffs claim in the following terms:

"Now looking at exhibit 2 and exhibit 4 tendered by the par…

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