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SUNDAY EZEKOYE v. CHIEF AYODELE OGUNLADE & ANOR

(2017) JELR 38234 (CA)

Court of Appeal  •  CA/I/69/2009  •  6 Feb 2017  •  Nigeria

Coram
MODUPE FASANMI JCA; CHINWE EUGENIA IYIZOBA JCA; NONYEREM OKORONKWO JCA;

Judgement

NONYEREM OKORONKWO, J.C.A. (Delivering the Leading Judgment): In a judgment delivered on 19/2/07 the High Court of Oyo State per M.F. Oladehinde judge sitting at Ibadan concluded as follows:

Judgment is given in favour of the Plaintiffs against the Defendants jointly and severally for trespass presently being committed by unlawfully erecting structures on the property of Chief E.A. Babalola (deceased known as N6/69A Oyo Road, Mokola, Ibadan covered by /deed of Lease dated 7th August, 1961 and registered as No. 22 at page 22 in Volume 457 of the Lands Deed Registry in the office at Ibadan being presently administered by the Plaintiffs.

A sum of N5, 000.00 is awarded as damages against each of the Defendants as damages for trespass committed on the land.

The Defendants, their servants, agents and privies are restrained perpetually from further trespass on the said land.

Leg (d) of the claim is dismissed. And this shall be the judgment of the Court.

The claims of the plaintiffs who are respon…

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