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OBA FELIX ABIDOYE & ORS V. OBA JACOB ALAWODE & ORS

(2001) JELR 44327 (SC)

Supreme Court  •  SC.127/1996  •  2 Mar 2001  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; UTHMAN MOHAMMED JSC; SYLVESTER UMARU ONU JSC; OKAY ACHIKE JSC; SAMSON ODEMWINGIE UWAIFO JSC;

Appearances
Mrs Bola Ojo - for the Appellants For Appellant M.A. Laogun (with him, A.A. Laogun) -for the Respondents. For Respondent

Judgement

ONU, JSC (DELIVERING THE LEADING JUDGMENT): Before Popoola, J. sitting at the High Court of Justice of Osun State holden in Osogbo in Suit No. HOS/32/86, The appellants as defendants were sued by the respondents who were plaintiffs claiming the following reliefs:

"(i) Declaration that the plaintiffs are entitled by customary derivation to statutory certificate of occupancy in respect of all the piece or parcel of land situate lying and being at Ororuwo, Ifelodun Local Government Area and which land will be more particularly described and delineated on survey plan to be filed later.

(ii) ₦5,000,00 being general damages for trespass committed by the defendants on the said plaintiff's land.

(iii) Injunction restraining the defendants, their' servants agents or privies from committing further acts of trespass on the said land."

Pleadings were ordered, filed and exchanged by the parties with both parties in the interval being afforded the liberty to amend them before the case went to trial. Af…

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