HON. OLATUNJI AJOSE-ADEOGUN (RTD) v. WAIDI AYENE

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Facts:

The Appellants, acting on the belief that they and their family are entitled to a declaration of title over a piece of land measuring about 209 hectares of land and situated at Ikoyi, Eti Osa Local Government Area of Lagos State, instituted an action before the High Court of Lagos State vide a writ of summons claiming ownership of the land in dispute among other reliefs.
Upon service of the originating processes, the 2nd and 3rd Respondents filed a statement of defence and counterclaim seeking a declaration that they and their family are the persons entitled to a right of occupancy over the said property, and injunction against the Appellants. The 4th to 6th Respondents on their part filed a statement of defence and counterclaim praying the court to grant them statutory and /or customary right of occupancy against the Plaintiff s and injunction against the Appellants, forfeiture, possession and perpetual injunction restraining the 2nd and 3rd Defendants.
Upon the exchange of all requisite processes and following a full trial, the learned trial Judge in a judgment delivered on 27th September 2002 held that the Appellants herein failed to prove their entitlement to declaration of title over the disputed land while the 4th to 6th Respondents had established a better title. The trial Court consequently dismissed the Appellants’ claims and substantially granted the 4th to 6th Respondents’ claims. The Appellants were dissatisfied with the trial Court’s decision and appealed the same to the Court of Appeal. The Court of Appeal however, dismissed their appeal. Dissatisfied with the decision of the lower Court, the Appellants appealed the decision to the Supreme court.

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