OLUBODUN & ORS.
V.
LAWAL & ANOR

(2008) JELR 42667 (SC)

Supreme Court 13 Jun 2008 Nigeria
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- The case was originally commenced in a Customary Court but was later transferred to the High Court. - The plaintiffs claimed a declaration of title to the land in dispute, damages for trespass, and a perpetual injunction. - The defendants

Case Details

Suit Number:SC.53/2002
Judges:SYLVESTER UMARU ONU JSC DAHIRU MUSDAPHER JSC ALOMA MARIAM MUKHTAR JSC IKECHI FRANCIS OGBUAGU JSC PIUS OLAYIWOLA ADEREMI JSC
Counsel:L.O. Fagbemi, Esqr, (SAN), Soji Olowolafe, Esqr., H.O. Afolabi, Esqr, K O. Fagbemi, Esqr For the Appellant; O. O. Ojutalayo, Esqr, R.A. Balogun (Miss). For the Respondent.

P.O. ADEREMI, J.S.C (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal (Ibadan Division) delivered on the 8th of May 2001. Suffice it to say that by that judgment, the court below dismissed the appeal of the present appellants which they had lodged against the judgment of the trial court which was given against them, Before I go on, I will like to preface this judgment with the background facts leading to the present appeal under consideration.

The action leading to the present appeal was originally commenced in the Customary Court Grade 2 No. 2 sitting at Sagamu, Ogun State on the 21st May 1985. But by a letter dated 26th July 1985 written by the Registrar, Ijebu Remo Grade 1 Customary Court, Sagamu addressed to the Principal Registrar, High Court of Justice, Sagamu, the entire case was transferred to the High Court of Justice, Sagamu. In that court, pleadings were ordered and the parties filed and exchanged their respective pleadings.

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