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ALHAJI SAIBU GBADAMOSI V. ABIODUN TOLANI

(2010) JELR 47730 (CA)

Court of Appeal  •  CA/I/209/2007  •  4 Nov 2010  •  Nigeria

Coram
STANLEY SHENKO ALAGOA JCA; MODUPE FASANMI JCA; SIDI DAUDA BAGE JCA;

Judgement

MODUPE FASANMI, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of Oyo State High Court of Justice, Ibadan Division delivered on the 24th of May, 2005 in which the trial Court dismissed all the claims of the Appellant.

Appellant sued the Respondent as endorsed on the amended statement of claim at the lower Court claiming as follows:-

(i) A declaration of a Statutory Right of Occupancy to all that parcel of land situate, lying and being at Opposite Old Niger West Company Ltd, Old Lagos Road, Challenge, Ibadan.

(ii) N100.00 damages against the Defendant/Respondent for trespass committed by the Defendants embarking on the construction of buildings on the land in dispute

(iii) An order of perpetual injunction restraining the Defendant, his agents, privies and any other person or persons who may claim through the Defendant

(iv) A declaration by the Court that the Defendants are trespassers on the aforementioned piece or parcel of land by embarking on the buiā€¦

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