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MR. ISAAC IDOWU SALIU ADEYEMI V. JAMES LALA CHIEF ADETUNJI FADAIRO (FOR THEMSELVES AND ON BEHALF OF KOSILE FAMILY OF ILARO)

(2008) JELR 53408 (CA)

Court of Appeal  •  CA/I/11/98  •  10 Jun 2008  •  Nigeria

Coram
JOHN AFOLABI FABIYI JCA (Presided) CHIDIEBERE NWAOMA UWA JCA MODUPE FASANMI JCA (Read the Lead Judgment)

Judgement

FASANMI JCA (Delivering the Lead Judgment): The respondents in this appeal at the lower court instituted an action before the High Court of Justice, Ilaro, Ogun State. The original plaintiff Adetunji Lala by an original writ of summons claimed against the original 1st defendant Joseph Onifade Idowu, a declaration that he is the rightful owner of a piece of land situate at Akinniku Quarters, Ilaro, on which the defendant built a house. There was also a claim for an injunction and possession. By an amended writ of summons, James Lala and Adetunji Fadairo (for themselves and on behalf of kosile family of Ota), were joined as co-plaintiffs.

The plaintiffs claim against the defendants jointly and severally for a declaration that:

They are the persons entitled to rights of occupancy over a piece or parcel of land situate, lying and being at Akinniku Quarters Ilaro, Egbado South Local Government Council, Ogun State. N1,000.00 (one thousand naira) being damages for the trespass committed by t…

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