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OKEBAYOWA ABORODE v. CHIEF AMUSA TORIOLA AFOLABI & ORS

(2014) JELR 36158 (CA)

Court of Appeal  •  CA/I/164/2009  •  11 Jul 2014  •  Nigeria

Coram
MONICA BOLNA'AN DONGBAN-MENSEM JCA; ALI ABUBAKAR BABANDI GUMEL JCA; MUDASHIRU NASIRU ONIYANGI JCA;

Judgement

ALI ABUBAKAR BABANDI GUMEL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Oyo State High Court sitting at Eruwa in the Ibarapa Judicial Division delivered on 24th January 2008 in Suit No. HER/22/06.

In a representative action brought on behalf of themselves and the entire members of Oniki of Iki land, Tapa in Ibarapa North Local Government of Oyo State, the Respondents herein, as the plaintiffs at the lower court, claimed for the following 3 reliefs, against the Appellant as the Defendant. The reliefs are as follows:-

1. "Declaration that the Plaintiffs are the persons entitled to Statutory/Customary Right of Occupancy in respect of the piece or parcel of land situate, lying and being at Abaafin- Odo Iki Omo, Iki, Tapa in Ibarapa North Local Government Area of Oyo State of Nigeria.

2. N10,000.00 being damages for trespass committed by the Defendant on the Plaintiffs' land at Abaafin-Odo Iki Omo, Iki Area, Tapa.

3. Injunction (perpetual) restra…

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