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MR. PASTOR PETER AJAYI v. MR. ADEBOLA ERESANMI

(2018) JELR 39429 (CA)

Court of Appeal  •  CA/EK/6/2016  •  16 Jan 2018  •  Nigeria

Coram
AHMAD OLAREWAJU BELGORE JCA; FATIMA OMORO AKINBAMI JCA; PAUL OBI ELECHI JCA;

Judgement

AHMAD OLAREWAJU BELGORE, J.C.A. (Delivering the Leading Judgment): This appeal is from the decision of the Ekiti State High Court, contained in the judgment of A. L. Ogunmoye, J, delivered on the 8th day of October, 2015 in Suit No. HAD/102/2013. In the High Court, sitting at Ado-Ekiti, the Respondent herein as the claimant claimed against the Appellant, who was the defendant, a piece or Parcel of land situate and lying at Aladesanmi Layout, Off Ikere Road, Ado-Ekiti. He claimed Plot 9 of the Layout.

The Respondents claim was founded on trespass, whereof he claimed in paragraph 22 of his statement of claim for the following relief, viz:

(i) Payment of the sum of N10 Million as damages for trespass committed by the Defendant on the land of the Claimant.

(ii) Sum of N1 Million being litigation fees out of which N250,000.00 had been paid to A. O. Okeya, Esq.

(iii) An order of the Court mandating the Defendant to remove his structures/buildings on the land of the Claimant.

At the end of the tr…

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