CHIEF OYELAKIN BALOGUN V. PASTOR MOSES OLU AFOLAYAN
(2001) JELR 51196 (CA)
Court of Appeal
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CA/I/133/98
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24 May 2001
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Nigeria
Coram
SUNDAY AKINOLA AKINTAN, JCA ( Presided ) DALHATU ADAMU, JCA ( Read the Lead Judgment ) FRANCIS FEDODE TABAI, JCA
Appearances
S. A. Onifade Esq. - for Appellant
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G. A. Sunmonu Esq. - for Respondent
Judgement
<p><strong>ADAMU, JCA (Delivering the Lead Judgement): </strong>The plaintiff/appellant (hereinafter simply called “the appellant”) instituted an action at the Oyo State High Court, Ibadan against the defendant/respondent (also hereinafter simply called “the respondent”) claiming for:</p><p>(i) A sum of One hundred Naira (₦100.00) being damages for trespass committed by (the respondent) on (the appellant’s) land at Olopeworoko near Ibadan Grammar School, Ibadan, Oyo State when he built a house on the land in dispute A sometime in 1995 and now lives therein.</p><p>(ii) An order of perpetual injunction restraining (the respondent), agents, servants and or privies from further entering on the parcel of land in dispute and which is shown on Plan No. KESH/OY/167/97/62.</p><p>On the above claims, pleadings were ordered, filed and exchanged.</p><p>The appellant filed a statement of claim and a reply to the statement of defence while the respondent filed a statement of defence. The case proceeded to hearing at the end of which learned coun…</p>