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CHIEF N.O. ALOWONLE & ORS v. SULE SOLEBO & ORS

(2012) JELR 35114 (CA)

Court of Appeal  •  CA/L/303M/2004  •  29 Mar 2012  •  Nigeria

Coram
HON. JUSTICE KUMAI BAYANG AKAAHS JCA; HON. JUSTICE JOHN INYANG OKORO JCA; HON. JUSTICE RITA NOSAKHARE PEMU JCA;

Judgement

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the Judgment of Adesanya J, of the Lagos High Court Ikeja Division delivered on the 7th of June 2001, in which he dismissed the Plaintiffs claim and entered Judgment for the Defendants on the Counter-claim-pages 79-81 of the Record of Appeal.

In their 3rd Amended Statement of Claim dated 23rd January, 1991, the plaintiffs (now Appellants) had claimed from the Defendants (now Respondents) for:

(i) A declaration that the Plaintiffs are entitled to a statutory Right of Occupancy with respect to all that parcel of land situate and being at Oju Ogbe Beach Road, Ikorodu and shown on Plan No. GLS 60A/L/85 thereon adged Blue.

(ii) An Injunction restraining the Defendants and each of them, their servants and agents from committing further trespass on the land in dispute.

(iii) N10, 000.00 damages for trespass committed on the said land.

(iv) The sum of N7, 04.00 against the 10th Defendant as representative…

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