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LATEEF ADEGBITE & ANOR V. AMINU AMOSU

(2013) JELR 35540 (CA)

Court of Appeal  •  CA/L/359/07  •  18 Jul 2013  •  Nigeria

Coram
CHIMA CENTUS NWEZE JCA; JOSEPH SHAGBOR IKYEGH JCA; CHINWE EUGENIA IYIZOBA JCA;

Appearances
S. O. Ayewo Esq., with A. O. Adeniyi Esq., S. O. Reis, O. Junaid - Eko For Appellant Olumide Akinsanya Esq. For Respondent

Judgement

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): The Claimant/Respondent for himself and on behalf of Eyile Family by his amended writ of summons and statement of claim claimed against the Defendants/ Appellants as follows:

(a) Declaration that the 1st Defendant has forfeited his right to be on the land of the Plaintiff situate lying and being at 401, Oshodi Express Road, Pleasure Bus Stop, Oke - Odo, Agege, Lagos State which he held of the Plaintiff as a tenant thereof.

(b) Possession of the said land.

(c) N500, 000.00 against the Defendants being damages for trespass committed on the said Plaintiff's land at Oke-Odo which was not granted to the Defendants as tenants.

(d) An injunction restraining the Defendants, their servants, agents or privies or howsoever described from committing any acts of trespass on the said Plaintiff's land.

The facts giving rise to the institution of the suit are that the original claimant on behalf of the Eyile family Madam Wasilatu Olape…

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