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AKPASUBI OMONFOMAN v. C. K. OKOEGUALE

(1986) JELR 42586 (CA)

Court of Appeal  •  CA/B/137/85  •  26 Jun 1986  •  Nigeria

Coram
OMOIGBERAI EBOH JCA; ABAI IKWECHEGH JCA; OLATUNJI AJOSE-ADEOGUN JCA;

Judgement

AJOSE-ADEOGUN, J.C.A. (Delivering the Leading Judgment): The appellant herein was the defendant in a suit instituted at the Ubiaja Judicial Division of the High Court of Bendel State. In it, the claim against him by the plaintiff (now respondent), as slightly reframed in the Amended Statement of Claim, was for the following reliefs:-

"(a) A declaration that the Plaintiff is the person entitled to apply and be granted a customary and/or statutory right of occupancy in respect of the parcel of land known as and situate at No. 1, Agbor Road, Uromi a place within the jurisdiction of this Honourable Court which land is particularly delineated in Pink in survey Plan No. LSF 520 of 27/1/82 filed with the Statement of Claim.

(b) N1000.00 (One thousand Naira) being damages for trespass in that the defendant without the consent or authority of the plaintiff continued to remain in occupation of the said premises known as No. 1, Agbor Road, Uromi and collecting rents therefrom.

(c) An order of pe…

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