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AMUSA AMOO AMEYO V. CHIEF SAMUEL OLAYODE OYEWOLE

(2008) JELR 46815 (CA)

Court of Appeal  •  CA/I/56/2004  •  8 May 2008  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; MUSA DATTIJO MUHAMMAD JCA; AMINA ADAMU AUGIE JCA;

Judgement

AUGIE, J.C.A, (Delivering the Leading Judgment): This matter is coming to this Court for the second time. In its earlier journey, this Court ordered a retrial before another Judge of the Oyo State High Court. On further appeal, the Supreme Court affirmed the Order of this Court and also ordered a retrial, which commenced before Lajide, Ag. CJ on 1/3/1993. The genesis of the appeals is the Respondent's action against the Appellant at the Ibadan High Court of Oyo State, wherein the Opeagbe Family claimed that they were the proper persons entitled to the statutory/customary right of occupancy of the land in dispute at Olomi Area, Ibadan; that the purported sale or alienation of the said land by the Ameyogun Family is null, void and of no effect; perpetual injunction restraining the Ameyogun Family, their agents, privies and/or anybody who bought or claims through them from further acts of trespass or alienation of the land; and N5,000.00 damages for trespass. Both families claimed owners…

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