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ALHAJI OYEBANJI & ORS v. IYABO AFUSAT LAWANSON & ORS

(2003) JELR 44912 (CA)

Court of Appeal  •  CA/I/142/2001  •  17 Apr 2003  •  Nigeria

Coram
MURITALA AREMU OKUNOLA JCA; FRANCIS FEDODE TABAI JCA; OLUFUNLOLA OYELOLA ADEKEYE JCA;

Judgement

FRANCIS FEDODE TABAI, J.C.A. (Delivering the Leading Judgment): The claim of the plaintiffs who are respondents herein against the defendants who are appellants herein was for:

"(a) N10,000.00 damages for trespass being presently committed by the defendants on the property of Bamidele Ayinla Lawanson (deceased), the father of the plaintiffs lying and being at Orita Bashorun Abas Road, Ibadan covered by deed of conveyance registered as 50/50/35 of the Lands Registry, Ibadan.

(b) Perpetual injunction restraining the defendants by themselves, their agents, servants and privies from committing further trespass on the land."

Pleadings were filed and exchanged. The actual trial involved the testimony of witnesses for both parties. There were a number of documentary evidence as well. At the close of evidence counsel for the parties addressed the court.1

On the 14/7/99, the learned trial Judge entered judgment for the plaintiffs/respondents. Aggrieved by the decision, the appellants filed thiā€¦

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