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ALHAJI (CHIEF) RAIMI ALOYINLAPA & ORS v. PRINCE FATAI OYETUNJI & ORS

(2014) JELR 36139 (CA)

Court of Appeal  •  CA/I/221/2012  •  8 Dec 2014  •  Nigeria

Coram
ALI ABUBAKAR BABANDI GUMEL JCA; MUDASHIRU NASIRU ONIYANGI JCA; MONYEREM OKORONKWO JCA;

Judgement

ALI ABUBAKAR BABANDI GUMEL,J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Oyo State High Court, Saki Judicial Division delivered on 2nd July in suit No. HSK/45/08. delivered on 2nd July, 2012 in suit No. HSK/45/08.

The 5th and 6th Respondents herein were the plaintiffs at the Court below. In a further amended statement of claim dated 6th January 2011 but filed on 7th January, 2011, they sought for the following reliefs against the Appellants herein, as the Defendants. The reliefs are:-

"1. The sum of N500,000 (Five Hundred Thousand Naira) being damages for the act of trespass by the Defendants, their servants/agents when the Defendants unlawfully entered the plaintiffs land which is in exclusive possession of the plaintiffs and destroyed the plaintiffs' cash crop (Mangoes, Oranges, Cashew and palm Trees) planted on the land in dispute.

2. An order of perpetual injunction of restraining the Defendants, whether by themselves, agents, and/or priv…

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