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OSHOBOJA
V.
AMIDA & ORS

(2009) JELR 47230 (SC)

Supreme Court 11 Dec 2009 Nigeria
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- The dispute involved longstanding contest over title to a parcel of land at Ijegun, Isheri-Oshun, Lagos State, between the Fagbile and Oshoboja families, resulting in a series of litigations dating back to 1955. - In earlier proceedings (

Case Details

Suit Number:SC.54/2002
Judges:DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria MOHAMMAD SAIFULLAH MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria
Counsel:Alhaja (Mrs.) R.O. Ayoola for the Appellants;with him/her S. Abimbola, Esq. For Appellant Folami Fasino, Esq., for the Respondent; with him Segun Akintan, Esq. For Respondent
Other Citations:Oshoboja V. Amida (2009) 18 NWLR (Pt. 1172) 188 SC, (2009) 18 NWLR (Pt. 1172) 188

I. F. OGBUAGU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Lagos Division (hereinafter called "the court below") delivered on 20th June, 2000 affirming the Judgment of the High Court of Lagos State Judicial Division presided over by Obadina, J. (as he then was) delivered on the 19th of December, 1996 which found in favour of the Respondents.

Dissatisfied with the said decision, the Appellants have further appealed to this Court initially on six (6) Grounds of Appeal but they later file an Amended Notice of Appeal with fourteen (14) Grounds of Appeal.

They have formulated ten issues for determination. They read as follows:

"(1) whether the lower courts (sic) were right in law in granting absolute title to the respondent 'who had admitted that their title is burdened by the alleged customary tenancy of the appellants. Ground 7.

(2) Whether the respondents were entitled to a writ of possession when no title was given to them in…

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