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OLUSOLA OGUNSOLA V. BAYO AZEEZ

(2003) JELR 55144 (CA)

Court of Appeal  •  CA/I/100/2000  •  11 Jun 2003  •  Nigeria

Coram
MURITALA AREMU OKUNOLA JCA (Presided) SAKA ADEYEMI IBIYEYE JCA VICTOR A. OYELEYE OMAGE JCA (Read the Lead Judgment)

Judgement

OMAGE JCA (Delivering the Lead Judgment): In this appeal, the appellant seeks an order of court to set aside the judgment of the Oyo State High Court sitting at Ibadan presided over by R. J. Oyetunde, J. and delivered on 17/7/98. In the judgment, the court held in the final paragraph as follows: “In the result, I hold that the claim of the plaintiff in trespass has failed. The claim for injunction which is dependent on the claim for trespass also fails.” The claim of the plaintiff which failed after evidence on both sides were tendered is as contained in pages 5 and 7 of the printed record. It is a claim for N50,000.00 damages for trespass to the plaintiff ’s land, situate, lying and being at Oyebanji Alagbe Layout, near Ashi, near Bodija and more particularly described in survey plan number FO 8832 drawn by J.F. Ososami, licensed surveyor, and attached to the deed of conveyance registered as No. 53, at page 53 in volume 2190 of the Lands Registry in the office at Ibadan. (2) An ord…

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