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OBAWOLE & ANOR
V.
COKER

(1994) JELR 45356 (SC)

Supreme Court 3 Jun 1994 Nigeria
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Case Details

Suit Number:SC.113/1988
Judges:MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria OLAJIDE OLATAWURA Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria
Counsel:Kehinde Sofola. SAN (with him, A. Idrisu and N.C. Nwosu) For Appellant O. Ayanlaja (with him, R. Seriki and O.A. Falae) For Respondent
Other Citations:Obawole v. Coker (1994) 5 NWLR (Pt.345) 416 (1994) 6 SCNJ 20

OGUNDARE, J.S.C. (Delivering the Leading Judgment): By writ of summons issued in April, 1976 the plaintiff for himself and on behalf of other members of Aina Coker family sued the defendants for themselves and on behalf of other members of the Obawole Aina Arupe family, claiming N500.00 damages for trespass allegedly committed on a farmland situate, lying and being at Ijaiye Agege, Lagos State in March 1976 and an injunction. Pleadings having been ordered were filed and exchanged and. with leave of court amended. By paragraph 21 of his amended statement of claim, the plaintiff (who is now the respondent before us) claimed as follows:

(i) a declaration of title under Yoruba Native Law and Custom to all that parcel of land situate, lying and being at Ijaiye, Agege which is more particularly shown and edged Red on the Plan attached to the Statement of Claim.

(ii) N500.00 damages for trespass committed on the farmland situate, lying and being at Ijaiye Agege Lagos State by destroying cass…

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