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PETER ADEBOYE ODOFIN & ANOR. V. JIMOLI ONI

(2001) JELR 44323 (SC)

Supreme Court  •  SC.119/1995  •  19 Jan 2001  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; MICHAEL EKUNDAYO OGUNDARE JSC; SYLVESTER UMARU ONU JSC; OKAY ACHIKE JSC; SAMSON ODEMWINGIE UWAIFO JSC;

Judgement

ACHIKE, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal holding at Benin City and delivered on 3rd March, 1995. The appellants herein, as plaintiffs, in the Akoko South, Grade 1 Customary Court, claimed against the defendants, herein as respondents, as follows:

"The plaintiffs' claim for themselves and as representatives of Izo and Idofin Community, against the defendants jointly and severally

(i) The ownership of a piece of land lying and situate at near Sosan, valued N1, 400.00 (One thousand four hundred naira).

(ii) Recovery of N1, 300.00 (One thousand three hundred naira) being damages for unlawful desurfacing destruction of economic trees, occupation and trespass into the plaintiffs farmland situate at and known as UGBOVIEBIEFA near Sosan, measuring about 200'x 200'

(iii) INJUNCTION:- restraining the defendants and or their agents or members of their Community i.e. Sosan Oke, from further entering or trespassing onto the s…

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