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SAMUEL OLATUNJI, CHIEF AYO DADA, JACOB OJO V. ELDER JOSEPH AYENI

(2019) JELR 110753 (CA)

Court of Appeal  •  CA/EK/45/2018  •  24 Jun 2019  •  Nigeria

Coram
Uzo Ifeyinwa Ndukwe-Anyanwu Fatima Omoro Akinbami Paul Obi Elechi

Appearances
Taiwo Ogunmoroti with him, Temitope Kolawole, Esq., Ayantunde Adeleke, Esq. and Oluwaseun Oyebanji, Esq. For the Appellants Adedayo Adewunmi, Esq. with him, L.A. Fasanmi, Esq.and Kehinde Adegbuyiro, Esq. For the Respondents

Judgement

UZO IFEYINWA NDUKWE-ANYANWU, J.C.A.(Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Ekiti State delivered on the 28th day of March, 2018 by Hon. Justice A. Adesodun.

By a writ of summon together with an Amended Statement of claim, the Claimant now Respondent claimed against the Defendants now Appellants respectively as follows: -

“(a) N5 Million general damages for the various acts of trespass committed and still being committed by the defendants, their agents, servants or privies on the Claimant’s land lying, being and situate at Akunrin, Oye Road, Imojo Ekiti.

(b) A special damages of N1,000,000 for the destruction of Claimant’s crops by the Defendants and their agents on the Claimant’s land lying, being and situate at Akunrin, Oye Road, Imojo Ekiti.

(c) An Order of perpetual injunction restraining the Defendants by themselves, their agents, Privies or servants from further committing acts of trespass of the Claimant’s land.”

​The Appellants …

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