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OBA JOSEPH O. OYEDELE FASIKUN II & ORS. V. OBA SAMUEL M.O. OYELEYE OLURONKE II & ORS.

(1999) JELR 33486 (SC)

Supreme Court  •  SC.229/1992  •  29 Jan 1999  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; IDRIS LEGBO KUTIGI JSC; MIICHAEL EKUNDAYO OGUNDARE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; ANTHONY IKECHUKWU IGUH JSC;

Judgement

M. E. OGUNDARE, J.S.C. (Delivering the Leading Judgment): By a writ of summons filed on 30th September 1982, the plaintiffs (now respondents before us) sued the defendants (now appellants) claiming-

(1) N10,000.00 (ten thousand naira) being damages for trespass in that the defendants since April 1982 entered into the land owned beneficially and in possession of the plaintiffs' community of Okuku, parts of which are known as and called Kookin and Akunyun within the jurisdiction of this court, cut trees, destroyed crops therein, took surveyors thereon and generally behaved in a manner which challenged the beneficial title and possession of plaintiffs over the land.

(2) Perpetual injunction restraining the defendants, their servants and or agents from henceforth entering into the said land or committing or continuing the acts of trespass complained of or any other acts of trespass."

The writ was subsequently, by order or court, amended whereby the defendants were sued "for themselves an…

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