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M.O.ODUTOLA V. CHIEF ZAACHEUS ODERINDE (BALE OF IJAKO) & ORS.

(2004) JELR 45015 (SC)

Supreme Court  •  SC.144/1999  •  28 May 2004  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC; UTHMAN MOHAMMED JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; UMARU ATU KALGO JSC; SAMSON ODEMWINGIE UWAIFO JSC;

Judgement

KUTIGI, J.S.C. (Delivering the Leading Judgment): In the Ogun State High Court holden at Otta, the plaintiffs claimed against the defendant -

(1) to be the persons entitled to the statutory right of occupancy in respect of the land situate, lying and being at Ijako village near Otta, Ogun State of Nigeria;

(2) the sum of N200,000.00 against the 1st defendant being damages for trespass etc.

(3) injunction restraining the 1st defendant, his agents, servants, or privies from committing further trespass and or entering the said land etc.

(4) injunction restraining the 2nd, 3rd and 4th defendants from accepting and or approving and granting and or registering and or processing any application for certificates of occupancy from the 1st defendant etc. should be noted that the defendant/appellant became the sole defendant upon the withdrawal of the claim against the other defendants who were then struck-out from the suit.

After the parties had filed and exchanged their pleadings, the defen…

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