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MR. MOSES AGEYAYE v. JOHN OGBOGBOYIBO & ORS

(2014) JELR 41864 (CA)

Court of Appeal  •  CA/B/279/2010  •  26 Mar 2014  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; TOM SHAIBU YAKUBU JCA;

Judgement

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Delta State Customary Court of Appeal, holden at Warri, dated 13th October, 2009.

The respondent had filed an action against the appellant at the Area Customary Court, Sapele wherein they claimed the sum of N200,000.00 as damages for trespass and perpetual injunction in respect of a piece of land which belonged to the respondents' Ajomata's family. The appellant, on his part, said he had purchased the piece of land from one Ikoyo Akatapo whom he said, was the head of the Ajomata family. Both parties proferred evidence at the trial Customary Court which in its judgment found for the appellant.

The respondents, not satisfied with the judgment, appealed to the Delta State Customary Court of Appeal, Warri Division, hereinafter to be called the court below which set aside the judgment of the trial court and ordered a retrial of the respondents' action.

The appellant's appeal is predic…

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