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OLALEKAN OGUNSANWO v. MUKAILA OGUNTADE

(2017) JELR 37591 (CA)

Court of Appeal  •  CA/I/121/2011  •  20 Oct 2017  •  Nigeria

Coram
MONICA BOLNA'AN DONGBAN-MENSEM JCA; MODUPE FASANMI JCA; CHINWE EUGENIA IYIZOBA JCA;

Judgement

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the judgment of the High Court of Ogun State Ilaro Judicial Division in Suit No. HCL/18/2002 delivered by Onafowokan J on 17/02/2011 granting all the claims of the Respondent.

The Respondent's claim against the Appellant and originally five others as contained in paragraph 30 of his 3rd Amended Statement of Claim and plan dated 9th June, 2006 at page 23 of the Record of appeal is for:

(a) Declaration that the plaintiff is entitled to the Customary Right of Occupancy in respect of all that farmland situate at Ishaga Area in Owode, Ogun State.

(b) The sum of N5, 000.00 only as damages for trespass.

(c) Perpetual injunction restraining the defendants, their agents or privies from further trespass unto the land.

Pleadings were filed and exchanged by the parties. The case was contested on the plaintiff's 3rd Amended Statement of Claim and plan dated 9th June, 2006 and filed 3rd November, 2008 (the survey…

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