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PETER OMONIYI EMMANUEL DADA TIAMIYU AKINWANDE DAVID ADETONA V. CHIEF MOSES AKIYODE CHIEF J. O. ODUNLAMI Z. A. OJO CHIEF LASISI ADETONA

(2003) JELR 53533 (CA)

Court of Appeal  •  CA/I/99/99  •  1 Dec 2003  •  Nigeria

Coram
MURITALA AREMU OKUNOLA, JCA (Presided) VICTOR A. OYELEYE OMAGE, JCA (Read the Lead Judgment) OLUNFUNLOLA OYELOLA ADEKEYE, JCA

Appearances
L. O. Ogunleye Esq. - for the Appellants. -*- Chief B. A. Aiku, SAN (with him, B. Aiku Esq.) - for the Respondents. A

Judgement

OMAGE, JCA (Delivering the Lead Judgment): This is an appeal on suit No. HCC/52/92 and HCL/19/93, between (i) M. O. Akiyode (ii) Chief J. O. Odunlami (iii) Z. A. Ojo (iv) Chief Lasisi Adetona as the plaintiffs in Suit No. HCL/52/92 against (i) Peter Omoniyi (ii) Emmanuel Dada (iii) Tiamiyu Akinwande (iv) David Adetona, as defendants in the said Suit No. HCL/52/92. The defendants in the said suit HCL/59/92, are plaintiffs in Suit No. HCL/19/93, over the parcel of land known as Itolu, near Ilaro, Ogun State. The sum of N500,000.00 as special and general damages for acts of trespass committed by the defendants on the said land at Itolu.Perpetual injunction restraining the defendants, their servants, agents and privies from further trespass on the said land. Suit HCL/52/92 and HCL/19/93, in which both sets of parties are alternatively plaintiffs and defendants were consolidated by order of court made on 1st August 1995, upon the consent of both parties; and one judgment of the court was…

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