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J. A. ILORI & ORS. V. MR. MUSIBAU I. A. TELLA & ANOR.

(2006) JELR 33148 (CA)

Court of Appeal  •  CA/I/25/2002  •  18 May 2006  •  Nigeria

Coram
JOHN AFOLABI FABIYI JCA; AMINA ADAMU AUGIE JCA; GETRUDE IFUNANYA UDOM-AZOGU JCA;

Judgement

FABIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment delivered by Bakre, J. while sitting at the High Court of Justice, Abeokuta in Ogun State of Nigeria on 15th June, 1999. The learned trial judge granted the reliefs claimed by the respondents as plaintiffs at the lower court against the appellants as defendants thereat.

The claims of the plaintiffs, made jointly and severally against the defendants read as follows:

"1. Declaration that the plaintiffs are entitled to the Statutory Right of Occupancy over a piece of land at Gbangba, Ijaiye, Abeokuta to be shown on a survey plan to be filed later.

2. N2000.00 damages for trespass committed by the defendants on the said land.

3. Perpetual injunction restraining the defendants, their agents, servants or privies from committing any further acts of trespass on the said land."

Put briefly, the plaintiffs' case was that their ancestor, Labulo settled on the land in 1862 after the Ijaiye war. The contenti…

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