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ABIODUN ADELAJA & ORS. V. YESUFU ALADE & ANOR.

(1999) JELR 34490 (SC)

Supreme Court  •  SC.45/1993  •  30 Apr 1999  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; MICHAEL EKUNDAYO OGUNDARE JSC; SYLVESTER UMARU ONU JSC; OKAY ACHIKE JSC; UMARU ATU KALGO JSC;

Appearances
A.O. Odeleye. Esq. For Appellant Respondents absent and Unrepresented For Respondent

Judgement

O. ACHIKE, J.S.C. (Delivering the Leading Judgment): The plaintiffs, herein referred to as appellants, claimed jointly and severally against the defendants, herein referred to as respondents, in paragraph 19 of the amended statement of claim as follows:-

"1. Declaration of title to a statutory right of occupancy under the provision of Decree No.6 of 1978 in respect of all that piece or parcel of land lying, being and situate at Tabontabon village, off Ring Road, Ibadan, as per the plan No.FA/M/32A drawn by licensed surveyor A.O. Adebogun dated 16/11/79.

2. N200.00 general damages for a continuing trespass commenced since the month of June, 1977 by the defendants, their agents and/or servants on the said landed property in Ibadan.

3. Injunction restraining the defendants, their agents, servants, privies and all those claiming through the defendants from committing further acts of trespass on or in any other way interfering with plaintiffs' ownership and/or possession of the said landed…

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