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ABDULSALAM AWEDA OKANLA & ORS v. MALLAM ABUBAKAR BABA ALAFIN

(2017) JELR 38203 (CA)

Court of Appeal  •  CA/IL/90/2015  •  2 Mar 2017  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; CHIDI NWAOMA UWA JCA; HAMMA AKAWU BARKA JCA;

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the Judgment of Hon. Justice M. O. Adewara of the Kwara State High Court delivered on 2nd day of December, 2014. By an originating summons dated 4th April, 2013 but filed on 9th April, 2013, the Respondent as Claimant claimed against the Defendants/Appellants for reliefs in these terms:-

1. An ORDER OF THIS COURT that the Claimant is the trustee of an expanse of land at Ariyibi Village Ilorin East Local Government Area, Kwara State.

2. AN ORDER that trespass and encroachment of the Claimants family land by the Defendants is unconstitutional, illegal, null and void.

3. A sum of N100,000.00 being damages for an infringement on the Claimants right to their landed property, situate, lying and being at Ariyibi Village, Ilorin East Local Government Area, Kwara State.

4. AN ORDER of this Honourable Court vesting the land in dispute in the Claimant family being the customary owner of same, for a very long …

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