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YEKINI ADEDOKUN OYADARE V. CHIEF OLAJIRE KEJI & ANOR.

(2005) JELR 45219 (SC)

Supreme Court  •  SC.228/2000  •  7 Jan 2005  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC; SAMSON ODEMWINGIE UWAIFO JSC; NIKI TOBI JSC; DAHIRU MUSDAPHER JSC; SUNDAY AKINOLA AKINTAN JSC;

Judgement

KUTIGI, J.S.C. (Delivering the Leading Judgment): In the High Court of Justice, holden at Ibadan, the plaintiff sued the defendants for the following reliefs:-

(i) Declaration that the plaintiff and other members of the Apete family are entitled to apply, for a certificate of occupancy in respect of the land in dispute which is at Aba Ayinde, Off Challenge, near Liberty Academy, near Odo-Ona, Elewe, Ibadan measuring 91.55 acres in area and more particularly shown on plan No. O.B.5136 of 22/10/1984 prepared by O. Bangbose, Esq. Licensed surveyor.

(ii) N20,000 general damages suffered by the plaintiff when the defendants unlawfully entered the plaintiff's said land by themselves and thugs and destroyed plaintiff's survey pillars and crops thereon sometime in August, 1984.

(iii) Perpetual injunction restraining the defendants, their servants, agents, privies, anyone claiming through or under them from -

(a) Further going into the plaintiff's said land, that is, the land in dispute.

(b) …

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