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

(c) Affiran

(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…

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