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ALHAJI SAFIANU AMINU & ORS V. ISIAKA HASSAN & ORS

(2014) JELR 40275 (SC)

Supreme Court  •  SC.44/2002  •  17 Jan 2014  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; JOHN AFOLABI FABIYI JSC; MARY UKAEGO PETER-ODILI JSC; OLUKAYODE ARIWOOLA JSC; MUSA DATTIJO MUHAMMAD JSC;

Appearances
A. B. Kasunmu For Appellant J. A. Molajo, SAN (with him E. Molajo (Mrs.) For Respondent

Judgement

JOHN AFOLABI FABIYI, J.S.C. (Delivering the Leading Judgment): At the trial High Court of Lagos State, the plaintiffs who are respondents in this appeal claimed as follows:-

"(i) A declaration that the plaintiffs are the persons entitled to the grant of a Certificate of Occupancy in respect of the area of land measuring approximately 26.3276 hectares situate at Aiyetoro Village, Badagry, Lagos State and verged RED on Survey Plan No. CD 223/74 dated 20th December, 1973 prepared by C. Olu Dawodu, Licenced Surveyor.

(ii) N200,000:00 damages for trespass committed by the Defendants, their servants and agents.

(iii) An injunction restraining the Defendants, their servants and agents from continuing or committing further acts of trespass on the said land."

The defendants, on being served with the statement of claim, filed their statement of defence which was accompanied by a counter-claim that reads as follows:-

"(a) Forfeiture of the plaintiffs' customary tenancy of the land in dispute to…

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