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ADETUTU OLANIBI & ORS V. CABE OHARA & ANOR

(2005) JELR 45135 (CA)

Court of Appeal  •  CA/I/37/96  •  15 Dec 2005  •  Nigeria

Coram
AMINAADAMU AUGIE JCA; GERTRUDE IFUNANYA UDOM-AZOGU JCA; RAPHAEL CHIKWE AGBO JCA;

Judgement

AUGIE, J.C.A. (Delivering the Leading Judgment): The action, which is the subject matter of this appeal, originated from the Iwara Grade C Customary Court of Osun State, wherein the (deceased) respondent as original plaintiff claimed as follows against the appellants -

"The plaintiffs claim against the defendants jointly and severally is for declaration of title to a piece of farmland, situate, lying and being at Igbo Lomofe Farm via Iwikun in Atakumosa Local Government Area. The plaintiff is also claiming the sum of N200.00 from the 3rd defendant being general damages for trespass into the aid farmland and thereby damages (sic) some cocoa and kola trees on the said farmland. The plaintiff is also seeking for an injunction order restraining the defendants, their agents, wives or servants from further entering into the said farmland pending the determination of the case before the court. The said farmland is bounded as follows-

On the 1st side by Degunduro's farmland

On the 2nd side b…

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