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MADAM OREDOLA OGUNAMEH & ORS v. OLUGBENGA ADEBAYO

(2007) JELR 33836 (CA)

Court of Appeal  •  CA/I/67/2000  •  19 Nov 2007  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; AMINA ADAMU AUGIE JCA; CHIDI NWAOMA UWA JCA;

Judgement

AUGIE, J.C.A. (Delivering the Leading Judgment): Madam Ashabi Adebayo, the late mother of the Respondent herein, was the Plaintiff at the Shagamu High Court of Ogun State, where she had instituted an action against five Defendants, including the Appellants herein, claiming - a declaration that she was entitled to the grant of a statutory right of occupancy to a piece of land along Olutayo Ogunyanwo Street, Makun, Shagamu; N500,000.00 as special and general damages; and perpetual injunction restraining the Defendants, etc., from further trespass to the land.

At the trial, Madam Adebayo testified as PW2 and called two other witnesses - PW1, Sunmola Sanni, the Asipa of Koyelu Family, who testified that the Family sold the land in dispute to her and acknowledged his signature on the Purchase Receipt (Exhibit A), and PW3, Amos Ade Onabote, her Bricklayer.

Kolawole L. Ayanwale, a Registered Surveyor, was the 1st Defence Witness, and his testimony and Survey Plan (Exhibit E) led the learned…

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