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ADEBAYO OGUNDOYIN & ORS V. DAVID ADEYEMI

(2001) JELR 44326 (SC)

Supreme Court  •  SC.123/1996  •  13 Jul 2001  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; SYLVESTER UMARU ONU JSC; SAMSON ODEMWINGIE UWAIFO JSC; EMMANUEL OLAYINKA AYOOLA JSC;

Judgement

ONU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment/order of the Court of Appeal holden at Ibadan in suit No.CN/1/122/89 dated the 19th of January, 1994. The respondent therein as plaintiff, had instituted the action in a representative capacity in the High Court of Osogbo Judicial Division of Oyo State against the appellants who were defendants, claiming the following reliefs:-

"(a) Declaration that the plaintiff is entitled to statutory certificate of occupancy in respect of a piece of land situate, lying and being at Aje farm land near Oyan town in Odo-Otin Local Government Area of Oyo State.

(b) N500.00 special and general damages for trespass committed by the defendant on the land; and

(c) Injunction restraining the defendants from further acts of disturbance of the plaintiff and his family members on the land."

Pleadings having been duly ordered, filed and exchanged by the parties, the case went to trial before Sijuade, J. as he then was, at th…

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