AMUSA AKANNI (FOR AND ON BEHALF OF OKANLA FAMILY) V. OBA ASHIRU OLANIYAN (ONILOBU OF ILOBU)
(2005) JELR 54324 (CA)
Court of Appeal
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CA/I/153/98
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7 Jul 2005
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Nigeria
Coram
RAPHAEL OLUFEMI ROWLAND JCA (Presided) SAKA ADEYEMI IBIYEYE JCA FRANCIS FEDODE TABAI JCA (Read the Lead Judgment)
Appearances
C. O. Aduroja - for the Appellants .
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Chief Afolabi - for the Respondent .
Judgement
<p><strong> TABAI JCA (Delivering the Lead Judgment): </strong> At the court below, the plaintiffs who are the appellants herein claimed against the defendants who are respondents herein the following reliefs:- “(1) N100,000.00 (one hundred thousand naira) damages for act of trespass committed and still being committed by the defendant, their servants and/or agents by destroying economic trees i.e. cocoa, kolanut trees, palm trees and plantains by entering the plaintiffs’ family farmlands situate at Abepe/Ekutu/Kunda and Okanla compound all in Ilobu in Osogbo Judicial Division. (2) Perpetual injunction restraining the defendants, their servants and/or agents from committing other acts of trespass on the said farmland.” The defendants/respondents on their part counter-claimed against the plaintiffs/appellants as follows:- “Declaration that the defendants, for themselves and on behalf of Ilobu community are entitled to a grant of certificate of statutory right of occupancy in respect of a parcel of land ve…</p>