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YESUFU ADEOSUN & ANOR V. MADAM AYISATU JIBESIN & ORS

(2000) JELR 42082 (CA)

Court of Appeal  •  CA/I/16/97  •  14 Dec 2000  •  Nigeria

Coram
MORONKEJI OMOTAYO ONALAJA JCA; DALHATU ADAMU JCA; OLUFUNLOLA OYELOLA ADEKEYE JCA;

Judgement

ADEKEYE, J.C.A. (Delivering the Leading Judgment): This appeal is sequel to the judgment delivered in suit No. AB/140/88 before the High Court of Ogun State, Abeokuta Judicial Division on the 21st of May, 1993 whereupon Yesufu Adeosun, Fagbanla Babatunde Omoyele. For themselves and on behalf of Omoyele family - claimed against the defendants, Madam Ayisatu Jibesin, Sunday Ogungbade, Dauda Muraina Akiode as follows:-

(1) Declaration that the plaintiffs are entitled to statutory right of occupancy in respect of a piece or parcel of land situate, lying and being at Isale Abetu, Lantoro Abeokuta, Ogun State.

(2) A sum of N2,000 (Two thousand Naira) being damages for trespass committed by the defendants by demolishing iron sheet fence erected round the land by the plaintiffs and constructing another fence without the consent of the plaintiffs.

(3) Injunction restraining the defendants, their agents, servants and privies from committing further act of trespass on the said land.

In additio…

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