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CHIEF ABIODUN FASUYI & ANOR v. AMODU OMOLAFE

(2015) JELR 36703 (CA)

Court of Appeal  •  CA/AK/38/2014  •  10 Jul 2015  •  Nigeria

Coram
SOTONYE DENTON-WEST JCA; MOHAMMED AMBI-USI DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

JAMES SHEHU ABIRIYI, J.C.A. ( Delivering the Leading Judgment):

This is an Appeal against the judgment delivered on 28th November 2013 in the High Court of Ondo State Akure Judicial Division wherein the Appellants were Plaintiffs and the Respondent was Defendant.

The claim of the Appellants against the Respondent contained in a Further Amended Statement of the claim was for the following:

(i) A declaration that the plaintiffs and members of their family, Asae family of Igoba Community are entitled to the right of customary occupancy of a piece of land lying and situate at Igoba via Akure, Ondo State which is bounded as follows: 1st side by Odofin family's land, 2nd side by Abusoro community's land, 3rd side by Sao's family land and 4th side by Olasunmade family's land.

(ii) N500,000.00 being the general damages for various act (sic) trespass committed by the defendant on the said land.

(iii) Perpetual injunction restraining the defendant, his family members, his agents, privies or an…

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