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OLUKOGA & ORS.
V.
FATUNDE

(1996) JELR 46141 (SC)

Supreme Court 13 Sep 1996 Nigeria
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- The appellants brought an action against the original defendants for damages for trespass to their land and an injunction to prevent further trespassing. - Both parties claimed to be descendants of a woman named Jewunola, but had differen

Case Details

Suit Number:SC.226/1993
Judges:SALIHU MODIBBO ALFA BELGORE JSC ABUBAKAR BASHIR WALI JSC IDRIS LEGBO KUTIGI JSC EMMANUEL OBIOMA OGWUEGBU JSC YEKINI OLAYIWOLA ADIO JSC
Counsel:Chief T .O.S. Benson, SANTani A. Molajo For Appellant Kehinde Sofola, Esq. - SAN.Chief Bisi AdegunleAbubakar Idris For Respondent
Other Citations:Olukoga v. Fatunde (1996) 7 NWLR (Pt.462) 516

ADIO, J.S.C. (Delivering the Leading Judgment): In the High Court of Lagos State of Nigeria, Lagos Judicial Division, the appellants, as plaintiffs, brought an action against the original defendants for the following reliefs:-

"(1) ₦1,000 damages for trespass to the Plaintiffs' land at ldiroko along Lagos/lkorodu Road from March, 1975.

(2) Injunction restraining the defendants from further trespassing unto the said land."

Pleadings were duly filed and exchanged. It was common ground that both the appellants and the vendors of the respondent claimed that they were descendants of one woman, called Jewunola. However, the appellants contended that the radical title to the whole of the land in dispute, which they described as "Owuto land", was in Jewunola and that they were members of Jewunola family. The vendors of the land in dispute to the predecessors of the respondent alleged that they belonged to Isiba family and that the land in dispute belonged to Asajon Kuyinu who was the husband…

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