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ALFA MUBO & ORS. V. SULE ALABI

(2007) JELR 33384 (CA)

Court of Appeal  •  CA/IL/68/2005  •  24 Jan 2007  •  Nigeria

Coram
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA; TIJJANI ABDULLAHI JCA; HELEN MORONKEJI OGUNWUMIJU JCA;

Judgement

TIJJANI ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Kwara State High Court, Coram J. F. Gbadeyan (J) delivered on 8th day of August, 2005. The present Respondent as Plaintiff at the lower court instituted an action against the present Appellants seeking for:

"(i) A Declaration that the Plaintiff is the customary owner of the parcel of land situates at Ile-koko, Abayawo - Ilorin, kwara State.

(ii) A Declaration that the Defendants are trespassers on the said parcel of land.

(iii) An Order of interlocutory injunction restraining the Defendants, their agents, servants or any person deriving title under them from further acts of trespass on the said land or dealing with same in any manner inimical to the interest of the Plaintiff.

(iv) An Order of perpetual injunction restraining the Defendants their agents, servants, privies or any person deriving authority under them from further acts of trespass on the said land.

(v) A sum of N200,…

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