Alhaji Surakatu I. Amida & Ors. V. Taiye Oshoboja (1984)

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BELLO, J.S.C. 

The case on appeal, hereinafter referred to as suit AB/24/55, together with its sister case, hereinafter referred to as suit AB/29/55, were instituted almost 30 years ago. On 28th November 1955 the Oshoboja family filed suit AB/24/55 against the named defendants specified in the 15 writ of summons, which reads:

“SUIT NO. AB/24/1955

BETWEEN:

KELANI OSHOBOJA

(For himself and on behalf of the Oshoboja Family) – PLAINTIFF

AND

1. TESI OPEBIYI
2. AMIDA OPEBIYI
3. DISU IDOWU – DEFENDANTSS
4. RAUFU DADA

The plaintiff claims against the defendants a declaration of title to all that piece or parcel of land situate, lying and being at Ijegun Village, Ikeja District; and also for possession of the said land .. Value of the said land is 6000pounds. DATED at Lagos this 28th day of November, 1955.”

On 6th December 1955, the Fagbile family filed suit AB/29/55 against the Koaki family which is the same as the Oshoboja family. The writ reads:

“SUIT NO. AB/29/55

BETWEEN

TESI OPEBIYI

(For himself and as representatives of the other members of the

Fagbile family of Ijegun) – PLAINTIFF