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BAALE RABIU ADEWUNMI & ORS v. MR. AYOWOLE ADETAYO & ANOR

(2017) JELR 38066 (CA)

Court of Appeal  •  CA/IB/22/2013  •  19 May 2017  •  Nigeria

Coram
MONICA BOLNA'AN DONGBAN-MENSEM JCA; MODUPE FASANMI JCA; CHINWE EUGENIA IYIZOBA JCA;

Judgement

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ogun State, Abeokuta delivered on the 24th day of October, 2011 in Suit No: AB/237/2008. The Appellants as Claimants in the lower Court instituted this suit in a representative capacity for themselves and on behalf of Ofada Community/Village against the Respondents as Defendants jointly and severally claiming as follows:

(a) A DECLARATION that the Plaintiffs are the persons entitled to apply for and obtain a statutory right of occupancy in respect of ALL THAT piece or parcel of land situate, lying and being at OFADALAND.

(b) 10 million naira general damages for trespass committed by the Defendants for going onto the Plaintiffs land without the knowledge, consent and authority of the said Plaintiffs.

(c) AN ORDER of perpetual injunction restraining the Defendants by themselves servants, agents and/or privies from committing any further acts of trespass on the land …

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