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OGUNDIPE
V.
AWE & ORS

(1988) JELR 42764 (SC)

Supreme Court 22 Jan 1988 Nigeria
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Case Details

Suit Number:SC.67/1986
Judges:ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria EBENEZER BABASANYA CRAIG Justice of The Supreme Court of Nigeria
Counsel:Professor M.I. Jegede (with him Mrs T. Kehinde) For Appellant Chief F.A. Bankole-Oki SAN (with him Mr. V.I. Isibor and A. Fagbohungbe) For Respondent
Other Citations:Ogundipe v Awe (1988) 1 NWLR (Pt.68)118 (1988) All N.L.R 77 Ogundipe v. Awe (1988) 1 S.C. 216

S. KAWU, J.S.C. (Delivering the Leading Judgment): In this appeal, the appellant, as plaintiff on behalf of himself and as representative of Omo Community, Ilesha Division, instituted an action against the respondents claiming as follows:

"(i) Declaration of title under Native Law and Custom to a piece or parcel of land situate, lying and being at Omo Town in Ilesha North District Council area.

(ii) N500.00 (Five Hundred Naira) being general damages for trespass committed by the Defendants on the Plaintiffs' said land.

(iii) Injunction restraining the defendants their agents and servants from further trespassing on the said land.

Briefly stated, the appellants' claim, as pleaded and deposed to in evidence, was that members of his community first settled on the land in dispute several years ago. They built their dwelling houses on the land, established their shrines there and erected an old town wall in order to demarcate their settlement from that of the defendants. It was his case th…

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