(1975) JELR 46223 (SC)    

Supreme Court  ·  SC.151/1974 ·  30 Apr 1975 ·  Nigeria
Other Citations
(1975) 1 All N.L.R 202 Taiwo v. Akinwunmi (1975) 4 S.C. 102
TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
Core Terms Beta
ijeshatedo people
itire people
suit no. ik
learned trial judge
economic trees
palm trees
customary tenants
native law
amended statement of claim
said land
onitire family
1st p
statement of claim
3rd defendants
statement of defence
chief salawu lawani
second case
earlier case
ikeja high court
plots of land
such witness
trial court
1st plaintiff
abule ijeshatedo
behalf of the people of ijeshatedo village
consolidated suits nos
court finds
cut bamboo
descendants of ijeshatedo people
dispute form portion of the said village
evidence of oriyomi bale of itire
following cases
following reply
forfeiture of the plaintiffs
honourable court suit no. ik
innumerable leases of onitire family land
leading judgment
order of court
overlord of the land
people of ijeshatedo village
respect of the said land
said village
subject matter of any grant
subject matter of the suit
terms of the grant
terms of their grant

A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): In Suit No. IK/174/63, which was commenced in the Ikeja High Court, the Ijeshatedo people, as plaintiffs, claimed from the Itire people and four others, as defendants, jointly and severally the sum of 500 as damages for trespass to their land at Abule Ijeshatedo, Itire, Ikeja District. They also asked for an injunction to restrain the defendants, their agents or servants from further trespassing on the said land.

Paragraphs 2 to 13 of the plaintiffs' amended statement of claim read:

"2. The plaintiffs are people of Ijeshatedo Village and are suing for themselves and on behalf of the people of Ijeshatedo Village.

3. The 1st, 2nd and 3rd defendants were substituted by order of court vice one Chief Salawu Lawani as the overlord of the land situate at the said village whereon the plaintiffs are settled and are possessed thereof as customary tenants.

4. The several plots of land in dispute form portion of the said village and th…

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