(1998) JELR 45547 (SC)    

Supreme Court  ·  SC.156/95 ·  6 Mar 1998 ·  Nigeria
Other Citations
Olowolagba v. Bakare (1998) 3 NWLR (Pt.543) 528 (1998) 3 S.C 41
Olowolagba v. Bakare (1998) 3 NWLR (Pt. 543) 528
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
trial court
declaration of title
lawful possession
learned trial judge
brother iguh
decision of the trial court
fair hearing
present case
respect of the land
19th day of january
decision of the court of appeal
failure of the court of appeal
high court of lagos state
right of possession of the land
said land
acts of long possession
acts of possession
acts of trespass
conclusion of hearing
decision of sotuminu
evidence of traditional history
final result
further acts of trespass
judgment of the court of appeal
leading judgment
learned counsel
learned justices of the court of appeal
n500.00 damages
o. s. sowemimo esq
parcel of land
perpetual injunction
p. o. jimoh-lasisi esq
review of the evidence
rights of the plaintiffs
subsequent trial
suit of the person
traditional evidence
whole case

IGUH, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Lagos Division, which had on the 19th day of January, 1995, dismissed the appeal by the plaintiffs from the decision of Sotuminu, J., sitting at Ikeja in the High Court of Lagos State.

The plaintiffs for themselves and as representing the entire members of the Matemi/Amore family of Orile, Ikeja had instituted an action jointly and severally against the defendants, as executors of the estate of the late A. G. Bakare, claiming as follows:

"1. A Declaration of title under Native Law and Custom to all that piece or parcel of land situate lying and being at Ikeja near Alade Village in the Ikeja District of Lagos State of Nigeria.

2. N500.00 damages for acts of trespass committed by the Defendants, their privies, servants and/or agents on the said land.

3. Perpetual injunction restraining the Defendants their privies, agents and/or servants from further acts of trespass."


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