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ADESANYA & ANOR V. REGISTERED TRUSTEES OF THE CHURCH OF (NIG) (ANGLICAN COMMUNION) & ORS

(2021) JELR 108950 (CA)

Court of Appeal  •  CA/IB/208/2018  •  23 Nov 2021  •  Nigeria

Coram
Ugochukwu Anthony Ogakwu, JCA Folasade Ayodeji Ojo, JCA Abba Bello Mohammed, JCA

Appearances
Chief (Mrs.) C. J. Aremu, SAN, with him, F. Adetoro, Esq., Mrs. B. O. Iriogbe and R. Folayan, Esq. For the Appellants; Mrs. Tolulope Taiwo for the 1st and 2nd Respondents; 3rd - 5th Respondents absent and not represented by Counsel.

Judgement

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Ogun State, Coram Judice: Rotimi-Balogun, J., in SUIT NO. HCS/92/2003: CHIEF LAMIDI ADESANYA and ANOR. (for themselves and for other members of Lajo Family of Offin Sagamu) v. THE REGISTERED TRUSTEES OF THE CHURCH OF NIGERIA (ANGLICAN COMMUNION) and ORS. The Appellants herein, were the Claimants at the lower Court and they claimed damages for trespass and perpetual injunction against the Respondents, who were the Defendants at the lower Court, in respect of land which is situate at Ewuga Sagamu.

The action was contested between the Appellants and the 1st and 2nd Respondents. The 3rd-5th Respondents, agencies of the Ogun State Government, who were the 3rd-5th Defendants at the lower Court, did not file any process in defence of the action and also did not attend Court. Like they did in the lower Court, they have also not filed any processes in respect of this appe…

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