MRS. FLORENCE KOKUMO AWOPEGBA V. MR. RASAKI ADELORO & ANOR
(2012) JELR 39564 (CA)
Court of Appeal
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CA/B/281/2010
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4 Dec 2012
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Nigeria
Coram
KUDIRAT M. O. KEKERE-EKUN JCA;
CHIMA CENTUS NWEZE JCA;
CHINWE EUGENIA IYIZOBA JCA;
Appearances
A. S. ADEDOKUN For Appellant
G. O. FALOWO with Y. SALAU For Respondent
Judgement
<p>CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): The respondents in this appeal were the plaintiffs at the Ondo State High Court Akure where as the representatives of the Osule family of Igbara-Oke they claimed against the appellant as follows:-</p><p> (a) A declaration of customary title in respect of family farmland situate and lying at Ajebamidele village in the premises of Osule family of Ajebamidele.</p><p> (b) General damages for trespass to the tune of N250,000.00</p><p> (c) Order of perpetual injunction restraining the defendant, her servants and agent or privies from further trespass on the said farmland.</p><p> The parties filed and exchanged pleadings. The appellant as defendant at the lower court filed a 29 paragraph amended Statement of defence with a counter claim denying all the claim and reliefs sought by the respondents. The counter-claim is not in respect of title. The appellant's counter-claim reads:</p><p> "Whereof the defendant claims for the sum of Two Hundred and Fifty Thousand Nā¦</p>