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ALHAJI LIADI MUSARI & ORS V. MADAM AFUSAT BISIRIYU & ORS

(2014) JELR 48709 (CA)

Court of Appeal  •  CA/L/152M/2007  •  21 Mar 2014  •  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

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.

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:

(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.

(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.

(c) Possession of the land in dispute described in (a) above

(d) A sum of N100,000.00 damages for trespass and destruction caused to the farmland of BISIRIYU ASHADE FAMILY

(e) A perpetual injunction restraining the Defendants, their servants, thugs, Agents, privies and assigns from trespassing and selling BISIRIYU ASHADE F…

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