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ONIGBEDEN & ANOR
V.
BALOGUN & ANOR

(1975) JELR 46197 (SC)

Supreme Court 24 Apr 1975 Nigeria
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Case Details

Suit Number:SC.34/74
Judges:GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria DAN IBEKWE Justice of The Supreme Court of Nigeria
Counsel:Chief F.R.A. Williams For Appellant Mr. E.A. Molajo For Respondent
Other Citations:(1975) 1 All N.L.R 233 Onigbeden v. Balogun (1975) 4 S.C. 63

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): The proceedings herein are concerned with an action instituted in the Ikeja Divisional Grade 'A' Customary Court where the present respondents, as plaintiffs, had sued the present appellants, then defendants, for damages for trespass to land "at Aiyedere at the jurisdiction of Grade 'A' Customary Court, Ikeja". The case was heard in that court by the learned President, Chief nori; seven witnesses gave evidence for the plaintiffs and four witnesses testified for the defence. The court also visited the farm in dispute between the parties and, in a reserved judgment, the learned President acceded to the claim of the plaintiffs and awarded judgment in their favour. In the course of that judgment, the learned President observed as follows:

"From the evidence before this court and from the inspection of the farmland it is clear beyond any doubt that this farm has long been in possession of the plaintiffs they have conclusively proved…

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