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TUNDE ODUGBOSE v. FRANCIS ADE AINA

(2014) JELR 36604 (CA)

Court of Appeal  •  CA/I/257/2011  •  27 Mar 2014  •  Nigeria

Coram
MONICA B. DONGBAN-MENSEM JCA; CHIDI NWAOMA UWA JCA; HARUNA SIMON TSAMMANI JCA;

Judgement

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment): Before the Ogun State High Court, Ijebu-Ode Judicial Division, the Respondent who was the Plaintiff, prayed at paragraph 26 of his 2nd Amended Statement of Claim dated and filed the 4/8/2009 for the following reliefs against the Appellant:

26. WHEREOF THE CLAIMANT hereby claims jointly and severally against the defendants as follows:-

(a) DECLARATION that the claimant is entitled to be granted statutory right of occupancy in respect of the parcel of land at Eyindi along Ijebu/Ijesha Road, Ago-Iwoye which land is verged RED on Survey Plans Numbers YSG/478 A and B dated 6th July, 1993 drawn and signed by Surveyor YEMI OKULAJA.

(b) N100,000:00 being special and general damages for the trespass committed by the Defendant when on the 7th day of August 2001, the defendant with his labourer entered claimant's parcel of land at Ijebu/Ijesha Road, Ago-Iwoye, cut clown the claimant's properties i.e. cassava, pineapples and plantaiā€¦

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