SIMBIATU AGBOKE & ANOR. V. JIMOH IGBIRA & ANOR.
(1997) JELR 45416 (CA)
Court of Appeal
•
CA/I/217/91
•
28 Apr 1997
•
Nigeria
Coram
ALOMA MARIAM MUKHTAR JCA;
MURITALA AREMU OKUNOLA JCA;
DALHATU ADAMU JCA;
Appearances
T.E. Williams For Appellant
1st Respondent absent and unrepresentedChief Olufemi Ojugbele (served but absent) For the 2nd respondent For Respondent
Judgement
<p>OKUNOLA, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the judgment of the Ogun State High Court holden at Abeokuta presided over by Oduntan J. dated 16/2/89 'whereby the plaintiffs' claims were dismissed in all its entirety.</p><p> The facts of this case briefly put were as follows:-</p><p> The appellants herein as plaintiffs took out a Writ of Summons against the respondents herein as defendants seeking the following interlocutory and injunctive reliefs viz:</p><p> (a) For a declaration that the purported sale of the land in dispute shown on Plan No. ALS/OG214C/84 dated 28/5/84 by the second defendant to the first defendant is void.</p><p> (b) For a declaration that the plaintiffs and the second defendant are jointly entitled to a right of occupancy in respect of the said piece of land (4.686 hectares) situate at Ntabe Village in Ijoko Town, Ogun State shown on plan NO. LAY/315/88/0G.</p><p> (c) Trespass against the first defendant for illegal occupation of the said land.</p><p> (d) Damages of N500.00…</p>