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ALFA SAIBU ALAO v. MEMUDU KURE & ANOR

(2000) JELR 41905 (CA)

Court of Appeal  •  CA/IL/38/99  •  30 Mar 2000  •  Nigeria

Coram
MURITALA AREMU OKUNOLA JCA; PATRICK IBE AMAIZU JCA; WALTER SAMUEL NKANU ONNOGHEN JCA;

Judgement

WALTER SAMUEL NKANU ONNOGHEN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice J.A. Ibiwoye of the Kwara State High Court of Justice sitting at Ilorin in suit No. KWS/22/91 delivered on 10th December, 1997 in which the learned trial Judge dismissed the appellant's case.

By a writ of summons issued on 7th February 1991, the appellant claimed against the respondents as follows:

"The Plaintiff is the owner of a piece of land situated at Ile Ogunkan, Ojuekun Area, Ilorin over which the defendants trespassed by digging holes on the ground. Whereof, the plaintiff claims an order of perpetual injunction prohibiting the defendants jointly and/or severally from committing further acts of trespass over the plaintiff's land.

The plaintiff also claims special and general damages".

In his statement of claim which was filed on the same 7th February, 1991 the plaintiff claims as follows:

"WHEREOF the plaintiff claims jointly and/or severally against t…

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