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FRANCIS ADESINA AYANWALE V. OLUMUYIWA OLUMIDE ODUSAMI

(2011) JELR 43670 (SC)

Supreme Court  •  SC.90/2004  •  16 Dec 2011  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC JOHN AFOLABI FABIYI JSC OLUFUNLOLA OYELOLA ADEKEYE JSC BODE RHODES-VIVOUR JSC MARY UKAEGO PETER ODILI JSC

Appearances
Paul C. Ananaba For the Appellant; O. O. Ojutalayo, (with him, V. O. Shoneye Esq.) For the Respondent.

Judgement

BODE RHODES-VIVOUR, J.S.C. (Delivering the Leading Judgment): The appellant as plaintiff on a further amended statement of claim, claimed from the respondent as defendant the following:

1. Declaration of Statutory right of occupancy to the piece or parcel of land situate, lying and being at Adesiyan Street, Palm grove, Ilupeju off Ikorodu Road, Lagos State.

2. N500 damages for trespass;

3. An order of injunction restraining the defendant jointly and severally, their respective servants and/or agents from committing further acts of trespass on the said parcel of land.

The plaintiff gave evidence to show that he was entitled to a declaration of title to the land in dispute. The defendant and one Mr. John Ayo Adegboye gave evidence contending that it is the defendant that is the lawful owner of the land. Fourteen documents were admitted in evidence as exhibits. In a considered judgment delivered on the 24th day of November, 2000, the learned trial judge granted all the plaintiff's relief…

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