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M.S. MUNTAKA-COOMASSIE, J.S.C. (Delivering the Leading Judgment): It is clear that the Appellants were the plaintiffs in the High Court Ile-Ife who instituted the action against the Respondent herein. The plaintiffs now Appellants claimed the following reliefs in paragraph 38 of their statement of claim.
a. N500.000.00 general and aggravated damages for unlawful construction of the road situate, lying between the Nigeria Police Barrack and the defendant's building off Moore Road, Ile-Ife and thereby denied the plaintiffs their right of way by the erection of a shed, back-house building and construction of a soak away pit and septic tank despite repeated warnings.
b. Court's order for removal and filling up the soak away pit and septic tank on the private road the shed and the part of the back house that obstructed the road.
c. Injunction restraining the defendant by herself or by her servants or agent or otherwise howsoever from the repetition or continuance of the acts above complain…