Customer Support

MOGAJI & ORS.
V.
ODOFIN & ORS.

(1978) JELR 39007 (SC)

Supreme Court 28 Apr 1978 Nigeria
BriefBot icon

BriefBot Summary

Free

- The plaintiffs claimed title to a piece of land and sought an injunction to prevent the defendants from entering the land. - The trial judge found in favor of the plaintiffs, but the defendants appealed, arguing that the judgment was agai

Case Details

Suit Number:SC.372/1976
Judges:ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria
Counsel:Chief Kunle Oyero (with him, Dele Awoniyi) For Appellant Mr. O. Afuye For Respondent
Other Citations:MOGAJI & ORS. v. ODOFIN & ORS. (1978) 4 S.C. (REPRINT) 53 65

A. FATAYI-WILLIAMS, JSC (Delivering the Leading Judgment): In these proceedings commenced in the High Court of Lagos State sitting at Ikeja, the plaintiffs claimed against the defendants -

(a) declaration of title to all those pieces of land situate at Ikosan, in Epe

(b) injunction to restrain the first set of defendants and their servants and agents from unlawfully entering the said land; and

(c) possession of the several holdings on the said land unlawfully occupied by the 3rd and 4th defendants.

After pleadings had been ordered and duly delivered, the learned trial Judge heard evidence from both sides. In a reserved judgment, he found for the plaintiffs with respect to their claim for declaration of title to the land in dispute and for injunction. Being dissatisfied with this judgment the plaintiffs have now appealed. Nineteen grounds of appeal were filed but the only one argued was the general ground in which the defendants/appellants complained that the judgment is against the we…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.