OGUNLOYE & ORS.
V.
DUROSINMI & ORS.

(1975) JELR 46220 (SC)

Supreme Court · SC.115/1974 · 5 Dec 1975 · Nigeria
·

Other Citations

OGUNLOYE & ORS. v. DUROSINMI & ORS. (1975) 12 S.C. (REPRINT) 37

CORAM

DARNLEY A R. ALEXANDER Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria CHARLES O. MADARIKAN Justice of The Supreme Court of Nigeria

Core Terms ^Beta

plaintiffs

defendants

evidence

rents

case

learned trial judge

first defendant

ijebu igbo

proceedings

statement of claim

suit ab

true copy of the judgment

true copy of the proceedings

circumstances

communal land

present case

technical hitch

traditional history

agboyi village

allegation of the plaintiffs

attention of the lower court

basis of this averment

behalf of the ogunloye family of agboyi village

circumstances of this case

claim fails

claims

dismissal of their claim

first settler

further collection of rent

g. s. sowemimo

head of odoyi family

high court of lagos state

important people

ito ogun

judgment of bada

leading judgment

lower court

main argument

members of the present plaintiffs

ownership of agboyi village

portion of the land

portions of the village farm

present defendants

respect of an area of land

said tenants

suit no. ik

support of the claim

traditional owners of agboyi village

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of Bada , J., delivered at the High Court of Lagos State in the Ikeja Division on the 20th of September, 1973, in Suit No. IK/101/70.

"The plaintiffs' claim in the Suit is:-

(1) an account for the rents collected from October, 1969 to date by the defendants from the plaintiffs' tenants by name:-

(a) Aro

(b) Ijebu Igbo

(d) Ayo

(e) Azikiwe

(2) injunction restraining the defendants from further collection of rent and/or any dues from the said tenants."

The plaintiffs sued for and on behalf of the Ogunloye family of Agboyi Village and the defendants are sued in their own personal capacities. In the Statement of Claim the plaintiffs claimed that they are "the traditional owners of Agboyi Village and its environments from time immemorial." On the basis of this averment the plaintiffs claimed to have let some portions of the Village Farm to tenants for the purpose of cutting firewood…

OGUNLOYE & ORS. V. DUROSINMI & ORS.

OGUNLOYE & ORS.
V.
DUROSINMI & ORS.