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OLALEYE-OTE
V.
BABALOLA

(2012) JELR 56437 (SC)

Supreme Court 20 Jan 2012 Nigeria
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- The respondent filed a claim in the Ifo Grade II Customary Court in Ogun State, seeking a declaration of title and damages for trespass on a piece of land. - The trial Customary Court ruled in favor of the respondent, but the High Court l

Case Details

Suit Number:SC. 197/2004
Judges:WALTER S. N. ONNOGHEN JSC (Presided) JOHN AFOLABI FABIYI JSC SULEIMAN GALADIMA JSC (Read the Lead Judgment) NWALI SYLVESTER NGWUTA JSC MARY UKAEGO PETER-ODILI JSC
Counsel:O. O. Ojutalayo Esq. - for the Appellant. -*- S. A. Adepoju Esq. - for the Respondent.

GALADIMA JSC (Delivering the Lead Judgment): Sometime in May 1989, the respondent as plaintiff had taken the appellants as defendants to an Ifo Grade II, Customary Court, Ogun State claiming as follows:

“Plaintiff seeks for declaration of title claiming the lawful ownership of a piece of land, which was inherited from my late father, Abdu Sarki Areago with purchase receipt, dated 21 April 1940 . The plaintiff’s claim against the defendant is for the sum of (one thousand naira) N1,000.00 being for trespass on the landed property being and lying atAboro Area of Agbado in lfo/Otta Local Goverment Area. The boundaries are as follows: It measures 2 acres. On the right is bounded by late Baba Alawofun landed property. On theleft in bounded by Oto landed property. At the south is bounded by Oto landed property. That an interim injunction to restrain the defendant, her agents or privies from owing or entering into the said land in dispute pending the determination of this caseby the honour…

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