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ALHAJI YARO GANGARIYA & ANOR V. THE REGISTERED TRUSTEES OF METHODIST CHURCH OF NIGERIA

(1992) JELR 45334 (CA)

Court of Appeal  •  CA/I/237/88  •  15 Apr 1992  •  Nigeria

Coram
JOSEPH DIEKOLA OGUNDERE JCA; EMANUEL OBIOMA OGWUEGBU JCA; RABIU DANLAMI MUHAMMAD JCA;

Judgement

OGWUEGBU J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of an Ife High Court holden at Ile-Ife dated 14/6/88. The plaintiff sued the defendant in a representative capacity. The claim as set out in paragraph 43 of the amended statement of claim reads:-

"(a) Declaration that the plaintiff's entitled to statutory right of occupancy to the land in dispute which forms part of the land granted to it in 1953 which is particularly shown and delineated on the plaintiffs' survey plan No.PFY.923 of 13/11/87 verged blue.

(b) N 10,000.00 general damages for trespass committed on the land in dispute by unlawfully entering the land between 1986-1987 without the consent and authority of the plaintiff and started building operation on the land. The land is at all material time in possession of the plaintiff.

(c) Perpetual injunction restraining the defendants, their agents, servants and privies from further entering the land in dispute or tampering with the plaintiffs…

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