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ALHAJI FATAI ALANI MATANMI ALHAJI ABUDU MATANMI SUNDAY MATANMI V. VICTORIA DADA OLUFUNMILAYO DADA

(2001) JELR 56477 (CA)

Court of Appeal  •  CA/I/44/93 .  •  10 May 2001  •  Nigeria

Coram
SUNDAYAKINOLAAKINTAN, JCA (Presided and Read the Lead Judgment) DALHATU ADAMU, JCA FRANCIS FEDODE TABAI, JCA

Appearances
Mr. A. O. Adeyemi, Esq. - for the Appellants . Mr. L. O. Ogunleye, Esq. - for the Respondents .

Judgement

AKINTAN, JCA (Delivering the Lead Judgment): This is an appeal from the judgment delivered by Odunsi, J. on 29th November, 1985 sitting at Abeokuta High Court, Ogun State in suit No.HCL/65/80. The appellants were the defendants while the respondents were the plaintiffs. The plaintiffs’ claim, according to the indorsement on their writ of summons, is for declaration of title to a parcel of land known as Ijari land in Ijoko Otta Railway Station via Otta, Ifo/Otta Local Government area of Ogun State; N50,000 special and general damages; and injunction restraining the defendants, their servants and agents from further acts of trespass on the land. Pleadings were filed and exchanged and the trial was duly conductedbefore the learned trial Judge.

The parties led evidence in support of their respective pleadings. At the conclusion of the hearings, the learned trial Judge delivered his reserved judgment. The plaintiffs’ claims for declaration and injunction were granted. They were also award…

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