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OJIKUTU & ORS
V.
KUTI & ORS

(2021) JELR 109192 (SC)

Supreme Court 11 Jun 2021 Nigeria
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- The respondents filed a lawsuit against the appellants seeking a declaration of ownership of a piece of land and damages for trespass. - The trial court granted the declaration of title in favor of the respondents for one piece of land bu

Case Details

Suit Number:SC.327/2010
Judges:Amina Adamu Augie, JSC Uwani Musa Abba Aji, JSC Samuel Chukwudumebi Oseji, JSC Tijjani Abubakar, JSC Emmanuel Akomaye Agim, JSC
Counsel:AFOLABI FASHANU, SAN with him, Nnamdi Akuneto For the Appellants; M. ADEREMI BASHUA For the Respondents.

SAMUEL CHUKWUDUMEBI OSEJI, J.S.C. (Delivering the Leading Judgment): The Respondents as plaintiffs commenced an action against the Appellants at the High Court of Justice, Ikeja Division, Lagos State seeking the following reliefs:

"(i) Declaration that the plaintiffs are the owners under Yoruba native law and custom of the pieces and parcel of land situate, lying and being at Ewu Balogun, Ewu Abiye, Farmland, Igbogbo, Ikorodu Local Government Area of Lagos State and which is more particularly described in survey plan no. LAT/39/LA/2000.

ALTERNATIVELY

A declaration that the plaintiffs are the holders of statutory customary right of occupancy in respect of the land at Ewu Balogun, Ewu Abiye, Farmland, Igbogbo, Ikorodu Local Government Area of Lagos as delineated or shown on the Survey Plan No. LAT 139/LA/2000 made by Licensed Surveyor Ademola Ashipa dated 17th January, 2000.

ii. Sum of Ten Million (10,000,000) being special and general damages, for trespass committed by the defendants, to t…

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