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ALHAJI ISIAKA GARBA & ANOR v. ALHAJI AREMU BANNA

(2014) JELR 36163 (CA)

Court of Appeal  •  CA/IL/42/2014  •  27 Nov 2014  •  Nigeria

Coram
MOHAMMED LADAN TSAMIYA JCA; HUSSEIN MUKHTAR JCA; UCHECHUKWU ONYEMENAM JCA;

Judgement

HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): The appellants herein were the claimants before the High Court of Kwara State claiming, inter alia the following reliefs:

1. A declaration of entitlement to a statutory right of occupancy of a piece of land situate and being at Abata Baba Labata, Okelele, Ilorin,

2. An order of perpetual Injunction against the defendant/respondent, and

3. The sum of N500,000.00 as damages for trespass on the aforesaid land.

The brouhaha between the parties arose in respect of a claim by the appellants to a customary title of a large piece of land known, as Abata Baba Labata of Okelele, Ilorin Kwara State, covering the land in dispute, which according to the appellants, was granted to their ancestor by the 2nd Emir of Ilorin Oba Shitta who reigned from 1842 to 1861. Their ancestor was a warrior who migrated from Oyo lie (Old Oyo) in Oyo State. The appellants pleaded and testified that they kept and maintained the land, including the land in dis…

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