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KARIMU AMOO & 2 ORS V. TAFA MAJASAN & 3 ORS

(2003) JELR 57810 (CA)

Court of Appeal  •  CA/I/161/97  •  1 Dec 2003  •  Nigeria

Coram
MURITALA AREMU OKUNOLA, JCA (Presided) VICTOR AIMEPOMO OYELEYE OMAGE, JCA OLUFUNLOLA OYELOLA ADEKEYE, JCA (Read the Lead Judgment)

Judgement

ADEKEYE, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Justice Oyo State, Oyo Judicial Division delivered on the 26th of July 1995. The plaintiffs claimed against the defendants jointly and severally as follows.

N1,000 being damages suffered by the plaintiffs as a result of the trespass committed and still being committed by the defendants on a parcel of land situate, lying and being at Oyo/ Ogbomosho Road opposite Ministry of Works and Transport Oyo. Perpetual injunction restraining the defendants, their agents , servants, privies or any person claiming through or under them from committing further acts of trespass on the said land in dispute.

Parties filed and exchanged pleadings. When the matter proceeded to trial the plaintiffs gave evidence and called one witness. The defendants called three witnesses. The facts of the case in brief are that the plaintiffs, chairman, secretary and a member of The Oyo Development Union secured a pa…

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