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GABRIEL OGUNLEYE & ANOR V. CHIEF S. O. JAIYEOBA & ANOR

(2010) JELR 47609 (CA)

Court of Appeal  •  CA/B/17/2006  •  6 Dec 2010  •  Nigeria

Coram
NWALI S. NGWUTA JCA; CHINWE E. IYIZOBA JCA; M.A.A. ADUMEIN JCA;

Judgement

CHINWE E. IYIZOBA, J.C.A (Delivering the Leading Judgment): In the High Court of Justice, Akure Judicial Division of Ondo State, the reliefs claimed in Paragraph 32 of the further amended statement of claim, by the respondents against the appellants were as follows:-

"(i) A declaration that the plaintiffs are entitled to the customary right of Occupancy over about ten (10) hectares of Igoba communal land which is situate at Igoba village near Akure. The value of the land is about N3, 000,000; 00 (Three million naira).

(ii) The sum of N500, 000.00 (five hundred thousand naira) damages for Trespass committed on the said land by the defendants in May 2003.

(iii) An injunction to restrain the defendants, their servants, agents and privies from entering the said land."

The parties filed and exchanged their respective pleadings in the trial court registry. During the hearing, the respondents as plaintiffs called 8 witnesses while the appellants as defendants called 4. The evidence adduced b…

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