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OYENIRAN & ORS.
V.
EGBETOLA & ANOR.

(1997) JELR 45393 (SC)

Supreme Court 9 May 1997 Nigeria
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- This case involves a dispute over title to a piece of farmland in Osun State, Nigeria. - The plaintiffs claimed that they are entitled to the customary right of occupancy to the farmland. - The trial court found in favor of the plaintiffs

Case Details

Suit Number:SC.27/1990
Judges:ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria
Counsel:A. O. Bada For Appellant Chief O. Afolabi For Respondent
Other Citations:Onyeniran v Egbetola (1997) 5 NWLR (Pt.504)

U. MOHAMMED, J.S.C. (Delivering the Leading Judgment): This is an appeal from the judgment of the Court of Appeal, Ibadan Division. In its decision, the lower court affirmed the judgment of Ajileye J. of Oyo State High Court which the learned trial judge delivered at Oshogbo. The claim of the plaintiffs, who are respondents in this appeal, as per their writ of summons, is as follows:

"(i) Declaration that the plaintiffs, by customary occupation are entitled to the customary right of occupancy to the plaintiff's Songbe/Idi-Iroko Farmland situate lying and being at Songbe/Idi-Iroko, Kuta in Iwo East Local Government Area of Oshun Division of Oyo State of Nigeria; (Relevant Plan of the said disputed land to be filed with the Statement of Claim will show specific delimitations.)

(ii) N1000 being General Damages against the defendants for trespass committed upon the said farmland by the said defendants and/or their agents between February and May, 1982.

(iii) Injunction restraining the def…

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