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CHIEF (ALHAJI) JIMOH DARAMOLA & MICHAEL DARAMOLA V. MR. WAHEED G. ABINUWORO & TAJUDEEN POPOOLA

(2023) JELR 110723 (CA)

Court of Appeal  •  CA/IB/36/2017  •  20 Jan 2023  •  Nigeria

Coram
Yargata Byenchit Nimpar Folasade Ayodeji Ojo Abba Bello Mohammed

Appearances
C. I. Olinya, Esq. the for Appellant(s) Olakunle A. Faokunla, Esq. the for Respondent(s)

Judgement

ABBA BELLO MOHAMMED, J.C.A. (Delivering the Leading Judgment): By a Further Amended Writ of Summons and Further Amended Statement of Claim filed on 27th of June, 2014 at the High Court of Oyo State sitting at Ibadan (the trial Court), which is at pages 323 – 330 of the Record of this Appeal, the Appellants claimed the following reliefs against the Respondents:

1. A Declaration that the Claimants/Appellants are entitled to the Statutory Right of Occupancy in respect of that piece/parcel of land situate, lying and being at Akinola Village, Ibadan, i.e. the land edged blue in the dispute survey plan No. OY/800/2007/01 and dated 23rd December, 2009 prepared and signed by Surveyor (Mrs.) S. O. Adekunle.

2. An order for the payment of the sum of N20,000,000.00 (Twenty Million Naira only) to the Claimants/Appellants for the trespass committed and still being committed when the Defendants unlawfully entered on the Claimants’ land at Akinola Village destroyed their farmland and seventeen palm tr…

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