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KAYODE BIOBAKU AJUWON & 2 ORS v. MR. A. A. FASHINA

(2007) JELR 33382 (CA)

Court of Appeal  •  CA/I/157/2004  •  18 Apr 2007  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; ALFRED PEARSON EYEWUMI AWALA JCA; JOHN INYANG OKORO JCA;

Judgement

M. D. MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The Appellants before us were the Defendants against whom the Respondent, being the Plaintiff, took out a Writ at the Ota Division of the Ogun State High Court on 26/1/1994. By his Writ and Amended Statement of Claim, the Respondent sought the lower court's declaration on his entitlement to a right of occupancy over a piece of land situate at Ajuwon Village at Ifo Local Government Area of Ogun State. He also claimed the sum of N50,000:00k damages for trespass committed by the Appellants as well as injunction against the latter, their agents, servants, privies etc.

Pleadings were ordered, filed, exchanged and settled. On the 17/5/02, Appellants' Counsel sought and obtained the trial court's leave to withdraw his appearance for the Appellants. Thereafter, the Appellants neither attended trial to defend the matter themselves nor had such defence put in on their behalf by another Counsel. Respondent called four witnesses to prove h…

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