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OGBE
V.
ASADE

(2009) JELR 47304 (SC)

Supreme Court 18 Dec 2009 Nigeria
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- The dispute centered on a claim by the plaintiff (respondent) for a declaration of customary ownership, recovery of possession, damages for trespass, and an injunction over land in Aakasun Ilase Village, Ogun State, allegedly granted by h

Case Details

Suit Number:SC.129/2005
Judges:ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Supreme Court of Nigeria MOHAMMAD SAIFULLAH MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria
Counsel:Olayode O. DelanoRemi Makun (Mrs) For Appellant Olatunde Oyajunmi For Respondent
Other Citations:Ogbe v. Asade (2009) 18 NWLR (Pt. 1172) 106

C. M. CHUKWUMA-ENEH, J.S.C: (Delivering the Leading Judgment) This appeal is against the decision of the Court of Appeal (Ibadan Division) affirming the decision of the Ogun State Appellate High Court sitting at Ota which in turn upturned the decision of the Grade 2 Customary Court Ado Odo - the trial Customary Court which upon having taken oral evidence of the parties in this case coupled with an inspection or visit to the locus in quo gave judgment for the defendant by dismissing the plaintiffs claim in its entirety.

The plaintiffs claim at the trial court consists of 4 reliefs as follows:

"(1) The declaration that the plaintiff is entitled under the Native Law and Custom to Statutory Right of Occupancy to parcel of land situate lying and being at Aakasun Ilase Village area of Ado-Odo/Ota Local Government of Ogun State of Nigeria.

Bounded

On the right side by the Okewaye/Idasajon Farm Land on the Left side by the Idosaba/lleko Farm Land

On the Bottom side by the Agric Farm Land

On…

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