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BELLO OGUNDELE & ANOR. v. SHITTU AGIRI & ANOR.

(2009) JELR 47306 (SC)

Supreme Court  •  SC.134/2004  •  11 Dec 2009  •  Nigeria

Coram
DAHIRU MUSDAPHER JSC; ALOMA MARIAM MUKHTAR JSC; IKECHI FRANCIS OGBUAGU JSC; MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC; JOHN AFOLABI FABIYI JSC;

Judgement

M. S. MUNTAKA-COOMASSIE, J.S.C (Delivering the Leading Judgment): The Appellants herein, who were the plaintiffs at the trial High Court Osogbo claimed against the respondents herein as follows:

(1) "An Order that the judgment of the Hon. Justice S.A. Oloko delivered on 23/1/81 in suit No HOS/1/79 Muibi Agiri and Ors v. Kadiri Otun Imale and 2 others be set aside being tainted with fraud/ or misrepresentation.

(2) The sum of ₦3Million being the general and special damages for trespass and conversion committed as a result of the said judgment obtained by the Defendants.

(3) INJUNCTION restraining the defendants, their servants or agent from committing further acts of trespass and conversion on the plaintiffs' farm land at Onifare village via Ila-Orangun in dispute in the said suit No HOS/1/79 Muibi Agiri and 2 others v. Kadiri Otun Imale and 2 others"

The appellants in paragraphs 8 and 9 of his statement of claim pleaded the facts of the fraud as follows:-

"8. On comparing the contents…

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