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MAKINDE & ORS
V.
AKINWALE & ORS

(1995) JELR 43487 (SC)

Supreme Court 13 Jun 1995 Nigeria
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Case Details

Suit Number:SC.223/1994(-R)
Judges:MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria
Counsel:Otunba J.O. Awopeju (with him, Prince A.O.A. Awopeju) For Appellant Chief A Fadayiro, SAN (with him, O. Laleye) For Respondent
Other Citations:Makinde v Akinwale (1995) 6 NWLR (Pt.399)1, (1995) 6 NWLR (Pt. 399) 1, (1995) JELR 76663 (SC)

ADIO, J.S.C. (Delivering the Leading Judgment): The appellants who are the applicants in this application, brought an action, in the Ogun State High Court, Ilaro Judicial Division, against the respondents for declaration of title, according to Yoruba customary law, to certain parcels of land originally granted by the appellants to the respondents as customary tenants. The parcels of land were edged blue and green respectively, in a survey plan marked Exhibit "20". The appellants also sought for forfeiture on the grounds of misbehaviour on the part of the respondents; possession of the aforesaid parcels of land; N1,000 damages for trespass; and an injunction to restrain the respondents and their servants or agents from committing further acts of trespass on the said parcels of land. The learned trial Judge gave judgment in favour of the appellants after consideration of the evidence before him and the submissions of the learned counsel for the parties.

Dissatisfied with the judgment, th…

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