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CHIEF JOSHUA DARAMOLA & ANOR v. MR. SAMUEL AKINWUMI ARINDUBOYE

(2016) JELR 37125 (CA)

Court of Appeal  •  CA/AK/189/2013  •  28 Jan 2016  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; MOHAMMED AMBI-USI DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

JAMES SHEHU ABIRIYI, J.C.A. :(Delivering the Leading Judgment): On 29th April, 2013 the High Court of Ondo State holden at Akure in suit No AK/70/2009 delivered Judgment in favour of the Respondent who was the plaintiff in that Court against the Appellants who were Defendants. The lower Court dismissed the counterclaim of the Appellants.

The claim of the Respondent against the Appellants was for the following:

1. A declaration that the plaintiff is the person entitled to the customary right of occupancy to the Piece or parcel of land lying being and situate at Sasere Lane Ayede Ogbese in Akure North Local Government Area of Ondo State bounded on the first side by Mr. Ogogo's land on the second side by Mr. Akinjo's land; 3rd side by Kinjo Hospital and forth side by Mr. Ajayi's land.

2. The sum of Five Hundred Thousand Naira as damages for trespass committed by the defendants on the land in dispute by deliberately building on the land despite an order of Court not to do that.

3. Perpetu…

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