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CHINWE E. IYIZOBA, J.C.A. (Delivering the Leading Judgment): This land case originated from the customary court of Ondo State, Ore. In that court, the plaintiff's claim as amended reads as follows:
(1) A declaration that the plaintiff is entitled to the grant of customary right of occupancy over the piece or parcel of land situated and being at Kajola in Odigbo Local government Area of Ondo State.
The land is bounded as follows:-
(1) On the right, by Mr. Gabriel Osuntuyi's land
(2) On the left, by Jimoh's building
(3) At the top, by express Road
(4) At the bottom, by Agbeda and Owi Streams.
(2) One thousand naira (₦1,000.00k) damages for trespass
(3) Injunction restraining the defendant her agents, servants or privies from entering or trespassing and/or doing anything on the land.
(4) An order setting aside any purported instrument or certificate of occupancy purportedly obtained by the defendant.
At the trial, both parties testified, tendered documents and called witnesses. The Plai…