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OBA TIJANI OYEWUSI AGBONRAN II (TIMI OF EDE) MR. SUNDAY ADELEGAN MR. ADEKUNLE ADELEGAN MR. RAMONI LOWOORI V. DR. SOLOMON OLUWOLE AYODELE

(2001) JELR 53828 (CA)

Court of Appeal  •  CA/I/62/99  •  28 Jun 2001  •  Nigeria

Coram
SUNDAY AKINOLA AKINTAN, JCA (Presided) DALHATU ADAMU, JCA ( Read the Lead Judgment) OLUFUNLOLA OYELOLA ADEKEYE, JCA

Appearances
A. A. L. Okunade, Esq. - for the Appellants -*- A. Adeniyi, Esq. - for the Respondent .

Judgement

ADAMU, JCA(Delivering the Lead Judgment): The plaintiff/respondent’s claims at the High Court of Osun State, Osogbo were as follows: “(a) Declaration that the plaintiff is entitled to a statutory right of occupancy in respect of the land situate, lying and being at Olorunsogo off Osogbo-Ede Road, Ede and registered as No. 33 at page 33 in volume 2147 in Ibadan lands registry particularly delineated in a survey plan No. May 1/76 drawn by M. A. Laoye, a lincenced surveyor.

Fifty thousand naira (N50,000.00) being damages for continuing trespass on the land.

Perpetual injunction restraining the defendants by themselves,their servants, agents, privies, workmen or otherwise whosoever from committing further entering and or from committing any further acts of trespass on the land” (See the further amended statement of claim at p.4 of the record). Pleadings were filed and exchanged on the above claims and the case proceeded to trial. The plaintiff/respondent (hereinafter called “the responden…

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