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CHIEF D. B. AJIBULU v. MAJOR GENERAL D. O. AJAYI (RTD)

(2003) JELR 44959 (CA)

Court of Appeal  •  CA/I/M.166/99, CA/I/134/2000  •  16 Jul 2003  •  Nigeria

Coram
SAKA ADEYEMI IBIYEYE JCA; VICTOR AIMEPOMO OYELEYE OMAGE JCA; OLUFUNLOLA OYELOLA ADEKEYE JCA;

Judgement

OLUFUNLOLA OYELOLA ADEKEYE, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice, Osun State, Osogbo Judicial Division, delivered on the 30th day of April, 1993. The respondent in this appeal instituted this action as suit No. HOS/12/97 against the appellant as defendant claiming according to the endorsement on the writ of summons and paragraph 21 of the amended statement of claim as follows:

(i) ₦500,000.00 (Five hundred thousand Naira) damages for trespass committed by the defendant, his agents or servants on the plaintiff's land situate, lying and being at Dada Estate Egbedore Local Government Area of Osun State, covered by a deed of conveyance registered as No. 43 at page 43 in volume 1502 of the Lands Registry in the office at Ibadan.

(ii) Perpetual injunction restraining the defendant, his agents, servants or privy from committing any further trespass on the land.

Parties filed and exchanged pleadings. In the course of trial …

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