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MR. MURITALA OLADIJI v. MR. ADEBISI ELUFIDIPE

(2017) JELR 37478 (CA)

Court of Appeal  •  CA/I/167/2009  •  23 Mar 2017  •  Nigeria

Coram
MOHAMMED AMBI-USI DANJUMA JCA; OBANDE FESTUS OGBUINYA JCA; RIDWAN MAIWADA ABDULLAHI JCA;

Judgement

RIDWAN MAIWADA ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice A. A. G. Onibokun of High Court of Osun State sitting at Ile-Ife delivered on 1st day of December, 2008.

The Respondent (herein) as Plaintiff in the Court below issued a Writ of Summons against the Appellant as Defendant on 5/8/2005 and filed his Statement of Claim on 3/1/2006. The Appellant as Defendant filed his Statement of Defence on 10/10/2006.

By paragraph 31 of the Statement of Claim, the Plaintiff claimed against the Defendant/Appellant. For:

1. Court declaration that the Plaintiff's family are the person (sic) entitled to the grant of Customary Right of Occupancy over that piece of Farmland situate, lying and being at Idu village, Ife East Local Government Area of Osun State.

2. One million Naira (N1,000,000.00) general damage for trespass committed by the defendant on the farmland when the defendant made an incursion unto farmland by harvest (sic) cocoa etc.…

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