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MUKAILA OWOLABI & 11 ORS. V. WOSILATU S. BELLO & ANOR

(2011) JELR 33040 (CA)

Court of Appeal  •  CA/I/139/2004  •  26 May 2011  •  Nigeria

Coram
SIDI DAUDA BAGE JCA; MODUPE FASANMI JCA; JOSEPH SHAGBAOR IKYEGH JCA;

Judgement

MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of an Ogun State High Court Holden at Ijebu-Ode Judicial Division, delivered on the 26th of March, 1998.

The hearing of this case originated from Ota Judicial Division and Judgment delivered at Ijebu-Ode Judicial Division where the learned trial judge was transferred to. The Respondents in this appeal who were the Plaintiffs at the lower Court by paragraph 15 of their amended Statement of Claim claimed as follows:

(1) Declaration of Statutory Right of Occupancy of the parcel of farmland at Iloye v. Temidire, Sango Otta, Ogun State as per the Survey Plan

(2) N1, 000.00k damages for trespass committed by the Defendants, their servants, agents and or privies on the land aforesaid.

(3) Permanent injunction restraining the Defendants, their servants, agents and/or privies from further acts of trespass therein.

Pleadings were exchanged amongst the parties and the case was opened and tried. After…

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