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SOLOMON OJUTOLA & ANOR v. ALHAJI SALIU FOLORUNSO KURANGA

(2012) JELR 34973 (CA)

Court of Appeal  •  CA/I/120/2009  •  30 Nov 2012  •  Nigeria

Coram
MONICA B. DONGBAN-MENSEM JCA; CHIDI NWAOMA UWA JCA; JOSEPH SHAGBAOR IKYEGH JCA;

Judgement

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal stems from a judgment of the High court of Ogun State sitting in the Ota ludicial Division, Ota (the court below) which declared the respondent to be entitled to a Statutory Right of Occupancy over 2-1/2, plots of land located at Arola/Ijoko Lemode Village via Itoki in Ifo Local Government Area of Ogun state. The court below also awarded N200,000 general damages for trespass to the disputed area of land against the appellants in favour of the respondent together with a perpetual injunction restraining the appellants and their agents, privies and assigns from committing further acts of trespass on the disputed plots of land.

In outline, the evidence disclosed that the respondent bought six plots of land measuring one acre from one Abraham Olayanju and was issued purchase receipt in Exhibit E. He took possession of the land. In the course of time the respondent built a house and a mosque on part of the land. Af…

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