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BAYO AREMU v. DANIEL GEORGE CHUKWU

(2011) JELR 47495 (CA)

Court of Appeal  •  CA/L/807/2007  •  2 Jun 2011  •  Nigeria

Coram
RAPHEAL CHIKWE AGBO JCA; IBRAHIM MOHAMMED MUSA SAULAWA JCA; ADAMU JAURO JCA;

Judgement

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Lagos State High Court, Lagos Judicial Division, holden at Lagos it was delivered by the Hon. Justice H.A.O. Abiru on January 16, 2007 in suit No. LD/1746/04. By the judgment in question, the lower court (i) dismissed the Respondent's claim for a declaration that he is entitled to the right of occupancy over the land in dispute; (ii) awarded N50, 000 as damages for act of trespass on the land committed by the Appellant; (iii) made an order of perpetual injunction restraining the Appellant from disturbing the Respondent on the land in dispute; and (iv) dismissed the Appellant's counter claim in its entirety. Thus, dissatisfied with the said judgment, the Appellant filed the original notice and grounds of appeal thereof in the lower court's registry on April 13, 2007.

FACTS AND CIRCUMSTANCES GIVING RISE TO THE APPEAL

The facts and circumstances surrounding the appeal ar…

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