ALHAJI LIADI MUSARI & ORS V. MADAM AFUSAT BISIRIYU & ORS
(2014) JELR 48709 (CA)
Court of Appeal
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CA/L/152M/2007
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21 Mar 2014
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Nigeria
Coram
SIDI DAUDA BAGE JCA;
JOSEPH SHAGBAOR IKYEGH JCA;
RITA NOSAKHARE PEMU JCA;
Appearances
Taiwo Kupolati Esq. For Appellant
Chief Foludare Fasae For Respondent
Judgement
<p>RITA NOSAKHARE PEMU, J.C.A.(Delivering the Leading Judgment): The claim, the subject matter of this appeal was instituted by Writ of Summons dated 21st November, 1994.</p><p> In paragraph 23 of the Amended Statement of Claim dated 15/4/2002 the Plaintiffs (Respondents in this Appeal) claim from the Defendants (Appellants in the present Appeal) the following:</p><p> (a) "A Declaration that the piece or parcel of land on survey plan No. FF/4117/L/84 and being at MAWAOLA/IGBO-ELERIN Town is the property of BISIRIYU ASHADE FAMILY.</p><p> (b) A Declaration that the plaintiffs are entitled to the grant of Statutory Rights of Occupancy of the said piece or parcel of land describe in (A) above.</p><p> (c) Possession of the land in dispute described in (a) above</p><p> (d) A sum of N100,000.00 damages for trespass and destruction caused to the farmland of BISIRIYU ASHADE FAMILY</p><p> (e) A perpetual injunction restraining the Defendants, their servants, thugs, Agents, privies and assigns from trespassing and selling BISIRIYU ASHADE FâŚ</p>