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OMOSULE OLISA V. CHIEF OLOWODARA ASOJO

(2001) JELR 44248 (CA)

Court of Appeal  •  CA/B/98/98  •  9 Jul 2001  •  Nigeria

Coram
RAPHAEL OLUFEMI ROWLAND JCA; BABA ALKALI BA' ABA JCA; KUMAI BAYANG AKAAHS JCA;

Judgement

AKAAHS, J.C.A. (Delivering the Leading Judgment): In the writ of summons issued from the Ondo State High Court, Owo Judicial Division holden at Owo, the plaintiff/respondent sued for himself and on behalf of Ubara family of Ipele and claimed the following reliefs against the defendant/appellant (also for himself and on behalf of Amologunde family of Ipele) :-

(a) Declaration that the plaintiff is entitled to a customary right of occupancy in respect of the piece or parcel of land situated and being along Omiekan/Oma-Afoto Road Ipele via Owo.

(b) N2,000 damages for trespass committed and being committed by the defendant on the plaintiff's said land.

(c) An injunction restraining the defendant, his servants and or agents from committing further acts of trespass over the plaintiff's said land.

Pleadings were filed and exchanged with the plaintiff filing a reply to the statement of defence. The matter finally went to trial on 22/2/94. The Plaintiff testified in person and called three oth…

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