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CHIEF DAVID ONI AND ORS V. ELDER EZEKIEL OLA IGBALAJOBI

(2006) JELR 48842 (CA)

Court of Appeal  •  CA/IL/M.40/2004  •  5 Jan 2006  •  Nigeria

Coram
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA; ABOYI JOHN IKONGBEH JCA; TIJJANI ABDULLAHI JCA;

Judgement

MUNTAKA-COOMASSIE, J.C.A. (Delivering the Lead Ruling): The plaintiff now respondent in his statement of claim dated 17th day of July, 2001 claimed against the defendants/appellants herein as follows:

"16. Whereof the plaintiffs claim against the 1st defendant is for:

(a) The partition of the disputed farmland into two equal parts between Ikugbola and Orudumegba members of Anyebiokun's family.

(b) The plaintiff's claim against the 2nd to 12th defendants jointly and severally is for the sum of N5,000,000.00 (Five million naira) being general damages for trespass for entering the land in dispute and erecting buildings thereon since 1966 and up till now without the consent and concurrence the plaintiffs."

Upon the service of the writ of summons and the statement of claim on the appellant, he filed a notice of preliminary objection dated 13/7/2001 and prayed as follows:

"An order dismissing the plaintiffs' suit for disclosing no reasonable cause of action. The ground(s) for the objectio…

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