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OBA ABDULKADIR AHMED DADA OLUKONDO II v. OBA JOSEPH SUNDAY OLAKUNLE ADEFILA & ANOR

(2017) JELR 38088 (CA)

Court of Appeal  •  CA/IL/29/2016  •  5 May 2017  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; HAMMA AKAWU BARKA JCA; BOLOUKUROMO MOSES UGO JCA;

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the decision of the Kwara State High Court sitting at Omu-Aran delivered by T.S. Umar, J. in Suit No. KWS/OM/8/2015.

By a Writ of Summons and Statement of Claim of 6/11/2015, the Appellant as Claimant for himself and on behalf of the entire people of Oreke town/Community jointly and severally claim against the Respondents as follows:

1. A Declaration that Claimants community is entitled to the customary right of occupancy over the entire farm land which shares boundary with Oreke-Okegbo immediately after the Ogboloo stream (Gbayawo).

2. A Declaration that the Defendants have trespassed and encroached on part of the Claimants land, lying and situate at immediate after Ogboloo stream at Oreke town.

3. An Order of perpetual injunction restraining the Defendants whether by themselves, agents, privies or servant from disturbing, harassing, molesting, assaulting, attacking or threatening the lives of theā€¦

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