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ADEYEMI OGUNLEYE V. MATTHEW IGE SAFEJO

(2009) JELR 47433 (CA)

Court of Appeal  •  CA/IL/78/2007  •  7 May 2009  •  Nigeria

Coram
SOTONYE DENTON-WEST JCA; JUMMAI HANNATU SANKEY JCA; CHIMA CENTUS NWEZE JCA;

Judgement

JUMMAI HANNATU SANKEY, J.C.A., (Delivering the Leading Judgment): Matthew Ige Safejo, (the Respondent herein), as Plaintiff before the lower Court, claimed against Adeyemi Ogunleye, (the Appellant herein), the sum of One Million Naira (N1,000,000.00) being general damages for trespass allegedly committed and still being committed by the Defendant on the Plaintiff's land at Omi-Eliju, Ikere Road, Ilawe-Ekiti on which the Plaintiff had built the foundation of a house, and for perpetual injunction restraining the Defendant, his agents, servants and privies from going into theland in dispute or doing anything whatsoever on it. After pleadings were duly exchanged, parties adduced evidence in proof and in defence of the claims. At the close of trial, Judgment was given in favour of the Plaintiff/Respondent in these terms:

"In the light of the foregoing, it is my view and I so hold that the plaintiff has discharged the onus of proof placed on him in this case. Consequently, judgment is hereb…

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