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ALHAJI SAKA ASHIRU V. IDRIS AYOADE

(2005) JELR 45137 (CA)

Court of Appeal  •  CA/I/108/99  •  16 May 2005  •  Nigeria

Coram
RAPHAEL OLUFEMI ROWLAND JCA; SAKA ADEYEMI IBIYEYE JCA; FRANCIS FEDODE TABAI JCA;

Judgement

TABAI, J.C.A. (Delivering the Leading judgment): The plaintiff who is the respondent herein claimed against the defendant who is the appellant herein the following relief:

"(1) Declaration that the plaintiff is entitled to the statutory right of occupancy to the piece of land situate, lying and being at Sango area along Ilesa Ibaripa Road, Saki more particularly delineated on survey plan number LS AT/Y/149 drawn and signed by W. T. Adeniji dated 4th day of June, 1993 edged red on an area of 1086.112 square meters.

(2) The sum of one hundred thousand naira (N100, 000.00) only being aggravated and general damages for trespass and unlawful demolition of the plaintiff's foundation erected on the land in dispute.

(3) An order of perpetual injunction restraining the defendant, his agents, privies, servants or any other person whatsoever from further acts of trespass on the said land in dispute."

On his part the appellant in his statement of defence and counter-claim also claimed the followi…

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