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ADESHINA ADESHOLA v. REBECCA MOJISOLA RAHMAN

(2018) JELR 38326 (CA)

Court of Appeal  •  CA/IL/53/17  •  30 Apr 2018  •  Nigeria

Coram
CHIDI NWAOMA UWA JCA; HAMMA AKAWU BARKA JCA; BOLOUKUROMO MOSES UGO JCA;

Judgement

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): The appeal is against the judgment of the Kwara State High Court delivered on the 20th day of June, 2013 by T. Daibu, J., wherein the learned trial judge granted the injunctive relief claimed by the respondent as claimant but dismissed the second relief for an order as to damages against the appellant as defendant on the ground that the respondent did not prove same. The reliefs at the lower court were as follows:

(1) A ORDER of Perpetual injunction restraining the defendant either by himself, his servants, agents, privies or any person claiming through him from further trespassing, tampering with or dealing with the claimants land measuring 100 feet by 75 feet located at Baba Ode Village, Ilorin, Kwara State.

(2) N1,000,000.00 (One Million Naira) only as general and aggravated damages for the defendants act of trespass on the claimants land measuring 100 feet by 75 feet located at Baba Ode Village, Ilorin, Kwara State.

The suit…

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