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FATAI AFARIOGUN & ORS. V. ALHAJI LIADI LAWAL & ORS.

(2011) JELR 47017 (CA)

Court of Appeal  •  CA/I/113/2006  •  23 Jun 2011  •  Nigeria

Coram
STANLEY SHENKO ALAGOA JCA; SIDI DAUDA BAGE JCA; JOSEPH SHAGBAOR IKYEGH JCA;

Judgement

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal emerged from the decision of the High Court of Justice of Ogun State holden at Ota wherein respondents' claim for a declaration of title to land, damages for trespass and an injunction were granted against the appellants in favour of the respondents.

Paragraph 27 of the amended statement of claim pleaded the following reliefs against appellants thus:

"27(a) A declaration that the plaintiffs for themselves and on behalf of Ayedokun Iwoye family are the persons entitled to the Right of Occupancy over and in respect of that piece or parcel of land situate, lying and being along Ilogbo Road, via Ota in Ado-odo/Otta Local government Area of Ogun state of Nigeria.

(b) N50,000 (fifty thousand Naira) being damages for the trespass committed by the Defendants when they entered the plaintiffs' land, felled economic trees thereon and converted various crops on the said land without the plaintiffs authority, consent or a…

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