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ALHAJI RASAQ ADISA OYEBANJI V. ALHAJI SALAWU AKINLOYE AKINLEYE

(2010) JELR 55422 (CA)

Court of Appeal  •  CA/I/93/06  •  23 Apr 2010  •  Nigeria

Coram
STANLEY SHENKO ALAGOA JCA (Presided) CHIDI NWAOMA UWA JCA (Read the Lead Judgment) MODUPE FASANMI JCA

Judgement

UWA JCA (Delivering the Lead Judgment): The appeal is against the judgment of the Oyo State High Court, Ibadan, delivered by Hon. Justice A. Owoade on 8 October 2003.

In the lower court the plaintiff, now appellant, claimed against the defendant now respondent as follows:

“(a) Declaration that the plaintiff is the person entitled to statutory/customary right of occupancy to all that four plots and parcel of land shown on the layout plan of Kelani Akanmu and lying being at Arinkinkin village near Olodo along Ibadan/Iwo Road, Ibadan to be clearly demarcated on a plan to be filed hereafter. N5,000.00 (f ive thousand naira) general damages f or trespass being presently committed on the said land. Perpetual injunction restraining the defendant, by himself, his servants, agents and privies f rom committing any further trespass on the said land.”

The learned trialJudge dismissed the plaintiff’s claim inits entirety as prayed in paragraph 18(a), (b) and (c) of his statement of claim.…

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