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MR. PETER ODERINDE V. ENGR. J. A. AYODELE & ANOR

(2014) JELR 36453 (CA)

Court of Appeal  •  CA/AK/65/2011  •  7 Aug 2014  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; MOHAMMED AMBI-USI DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement
<p>MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the leading : ): This is an appeal against the judgment of the High Court of Osun State delivered by Hon. Justice Akin Oladimeji on 31st March 2010 at the Oshogbo Judicial Division.</p><p> The Appellant had at the lower court instituted an action against the present Respondents as Defendants claiming damages for trespass and injunction in the following terms:</p><p> 1. The sum of One Million Naira being damages for the Defendant's unlawful trespass unto the business premises known as Groovy Cafe and Restaurant lying and being at opposite Osogbo Grammar School, Iwo Road, Osogbo, which premises is in the lawful possession of the Plaintiff and which trespass and unlawful entry has caused damages and hardship to the Plaintiffs business.</p><p> 2. An order restraining the Defendants from doing any further act that may violate the Plaintiff's peaceful possession of the premises.</p><p> At the trial, the Plaintiff testified and called two (2) other witnesses and tendeā€¦</p>

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