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DR. SOGA OGUNDALU v. CHIEF A.E.O. MACJOB

(2015) JELR 36724 (SC)

Supreme Court  •  SC.185/2006  •  6 Mar 2015  •  Nigeria

Coram
MUHAMMAD MUNTAKA-COOMASSIE JSC; OLABODE RHODES-VIVOUR JSC; NWALI SYLVESTER NGWUTA JSC; KUMAI BAYANG AKA'AHS JSC; CHIMA CENTUS NWEZE JSC;

Judgement

OLABODE RHODES-VIVOUR, J.S.C. (Delivering the Leading Judgment): This is an appeal from the decision of the Court of Appeal, (Ibadan Division) delivered on the 23rd day of November, 2004, which affirmed the decision of an Abeokuta High Court delivered on the 20th day of September, 1999. The respondent, as plaintiff sued the defendant/appellant on a 15 paragraph Amended Statement of claim for:

(a) A DECLARATION that the plaintiff is the person entitled to a statutory right of occupancy in respect of ALL THAT piece or parcel of land situate lying and being behind WAEC office Onikolobo Abeokuta.

(b) FORFEITURE on grounds of misconduct of any rights of interest in respect of any structure or structures held by the defendant on the said land.

(c) N50,000 damages for trespass committed by the defendant for going on the plaintiffs land.

(d) AN ORDER OF PERPETUAL INJUNCTION restraining the defendant his servants, agents, privies from committing any further acts of trespass on the said land.

T…

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