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MOHAMMED OLADAPO OJENGBEDE v. M. O. ESAN (LOJA-OKE)

(2001) JELR 91589 (SC)

Supreme Court  •  SC. 132/991  •  15 Dec 2001  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT UTHMAN MOHAMMED, JUSTICE, SUPREME COURT ANTHONY IKECHUKWU IGUH JUSTICE, SUPREME COURT ALOYSIUS IYORGYER KATSINA-ALU JUSTICE, SUPREME COURT EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT

Judgement

IGUH, J.S.C. (Delivering the Leading Judgment): The proceedings leading to this appeal were first initiated on the 8th day of September, 1982 in the High Court of Justice of Oyo State, holden at Ilesha. In that court, the plaintiff claimed against the defendants jointly and severally as follows:-

“(i) Declaration that the plaintiff is entitled to the grant of certificate of statutory right of occupancy in respect of the piece or parcel of land situate at Omi Asoro, Ajipona, Ibadani/kure Express Road, Ilesha, Oyo State of Nigeria and more particularly delineated in survey plan, Exhibit. A.

(ii) Perpetual injunction restraining the defendants, their servants, agents or privies from further acts of trespass on the said land.

(iii) N20,000.00 being special damages for the cost of concrete blocks and pillars, iron gate and labour incurred on the erection of the fence and other structures destroyed by the defendants and their agents.

(iv) N80,000.00 general damages for trespass on the land in d…

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