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MR. TOYIN AKANBI & ANOR. V. ALHAJI SHUAIB KASANDUBU

(1997) JELR 45421 (CA)

Court of Appeal  •  CA/K/140/93  •  3 Jun 1997  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; MAHMUD MOHAMMED JCA; IBRAHIM TANKO MUHAMMAD JCA;

Judgement

OGEBE, J.C.A. (Delivering the Leading Judgment): Alhaji Shuaib Kasandubu now deceased sued the appellants and two others before an Ilorin High Court for trespass to his land and injunction to restrain them from further trespass. Para. 18 of the respondent's amended statement of claim summarized his claim as follows:-

"18. The plaintiff says that the defendants are the sole authority administering the school called Ilorin Grammar School in Ilorin Kwara State of Nigeria.

Whereof the plaintiff claim against the defendants is a permanent injunction restraining the defendants and their agents, privies and servants from entering or trespassing or doing anything whatsoever at the plaintiffs land at Asa Dam behind Geri Alimi Hospital Ilorin."

The two appellants filed a statement of defence denying the claim. The respondent gave evidence on his own behalf that he bought a piece of land in 1972. He tendered an agreement which evidenced the sale and transfer of the land as Exh. 1 and a permit t…

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