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ABISOYE ATALOYE & ORS v. JUMOKE (NEE TAPERE JEGEDE)

(2016) JELR 33492 (CA)

Court of Appeal  •  CA/AK/237/2013  •  11 May 2016  •  Nigeria

Coram
SOTONYE DENTON-WEST JCA; MOHAMMED AMBI-USI DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 6th August, 2013 in the High Court of Ondo State sitting at Akure. The Appellants were the Plaintiffs in that Court. The Respondent and one other person now late were the Defendants/Counter-claimants.

The claim of the Appellants in the lower Court was for the following:

A. A declaration that the plaintiffs are entitled to the statutory right of occupancy on the land known as Fajola Eleyoowo land bounded on the top by Oke-Oge. Odofin farmland, at the right by Olojugba farmland.

B. An order of the Court setting aside layout plan in the name of Jegede Abidakun Tapere no Ak N/A.Ur..P.O/173/10 and any survey plan made by any person or group of person (sic) and/or by the defendants.

C. (N5,000,000) General damages for trespass committed against the plaintiffs' land.

D. A Perpetual Injunction restraining the defendants, their servants, agents or privies from committing any further acts …

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