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CHIEF AINA JEGEDE & ORS. V. DAVID BAMIDELE & ORS.

(2005) JELR 45129 (CA)

Court of Appeal  •  CA/IL/M.19/2004  •  22 Jul 2005  •  Nigeria

Coram
MUHAMMAD SAIFULLAHI MUNTAKA COOMASSIE JCA; ABOYI JOHN IKONGBEH JCA; TIJANI ABDULLAHI JCA;

Judgement

TIJJANI ABDULLAHI, J.C.A (Delivering the Leading Judgment): This is an appeal against the decision of the Kwara State High Court of Justice, sitting at Ilorin in Suit No. KWS/OM/8/93, delivered by Oluyemisi Ajayi (J) on the 31st day of October, 2002, wherein the learned trial Judge granted in favour of the Respondents, who were Plaintiffs at the lower Court jointly and severally the sum of N50,000.00 as general damages for trespass and injunction, against the Defendants (Appellants herein). The cases were separately filed by the Plaintiffs, but were consolidated upon the application of the Defendants (Appellants herein).

Dissatisfied with the said Judgment, the Appellants appealed to this Court by filing an Amended Notice of Appeal consisting of 10 grounds after leave of this Court had been sought and obtained.

The facts of the case as can be gleaned from the record are that the Respondents, who were the Plaintiffs at the lower court, are indigenes of Osi Community in Ekiti Local Goveā€¦

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