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CHIEF JOSEPH OLANUDU & ANOR. V. MOSES TEMIYE & ORS.

(2001) JELR 33084 (CA)

Court of Appeal  •  CA/B/289/96  •  10 Jul 2001  •  Nigeria

Coram
NIKI TOBI JCA; BABA ALKALI BA' ABA JCA; SAKA ADEYEMI IBIYEYE JCA;

Judgement

IBIYEYE, J .C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Ajayi, J. of the Okitipupa Division of Ondo State High Court delivered on the 9th of October, 1992 in Suit No. HOK/32/87.

The appellants as plaintiffs in the court below claimed against the respondents as defendants the following reliefs in paragraph 30 of their joint statement of claim:

"(a) A Declaration that the descendants of Jatunwase/Lubawo, Olanudu Ayekun, Jaiye and Baba-Agba- the founders of Moboro villages in Ilaje/Ese Odo Local Government Area of Ondo State, they are entitled to continue to enjoy undisturbed, their ancient ownership and possession of the villages - Moboro - Nla and Moboro Kekere farm lands respectively and their adjourning fishing grounds and bush lands.

(b) Plaintiff's lands by the defendants and their Urhobo agents, on or about the 2nd November, 1987 is an act of trespass and unlawful interference with the plaintiffs' ancient and peaceful ownership and lawful possess…

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