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WOMILOJU & ORS.
V.
ANIBIRE & ORS.

(2010) JELR 46563 (SC)

Supreme Court 30 Apr 2010 Nigeria
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- Plaintiffs at the Ogun State High Court sought declarations of entitlement to customary/statutory right of occupancy over land at Orile-Agbogbo, Ado-Odo, and related reliefs; their claims were dismissed by the trial court, but allowed on

Case Details

Suit Number:SC.211/2002
Judges:DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria IBRAHAM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Supreme Court of Nigeria
Counsel:1.OLATUNDE ADEJUYIGBE Esq.2. J.I. CHINDO For Appellant E. OHWOVORIOLE Esq. For Respondent
Other Citations:Womiloju v. Anibire (2010) 10 NWLR (Pt. 1203) 545

I. T. MUHAMMAD. J.S.C (Delivering the Leading Judgment): The plaintiffs at the High Court of Justice of Ogun State (trial court), took out a writ of summons against the defendants. In both the writ of summons and paragraph 20 of the amended statement of claim, the plaintiffs indorsed their claims as follows:

"1. The plaintiffs claim against the Defendants jointly and severally is for: -

1) Declaration that the plaintiffs are entitled to a Statutory/Customary Right of Occupancy to that piece or parcel of land situate, lying and being at Orile-Agbogbo, Olorunleke, Ado-Odo, Local Government Area of Ogun State.

2) Declaration that the Defendants have incurred forfeiture under Native Law and custom of the land described above which they occupy as plaintiffs' tenants, which land is shown on survey plan to be filed later.

3) An Order that the said Defendants, their servants or Agents do deliver up possession of the said land to the plaintiffs.

4) Perpetual injunction restraining the Defendan…

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