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MR. AJANI OYEDIRAN OYENIYI V. MRS. RUTH ADELEKE & ANOR.

(2008) JELR 53792 (CA)

Court of Appeal  •  CA/I/132/2001  •  3 Apr 2008  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA (Presided) MUSA DATTIJO MUHAMMAD JCA (Read the Lead Judgment) AMINA ADAMU AUGIE JCA

Judgement

MUHAMMAD JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Hon. Justice P. O. Aderemi (as he then was), a decision of the Ogbomoso Division of the Oyo State High Court in suit No. HOG/61/88 delivered on 14 June 1990. The original appellant in this appeal, Ajani Oyediran Oyeniyi had as plaintiff claimed against the respondents, the defendants at the court below, per paragraph 24 of the former’s statement of claim as follows:

“1. Declaration that the plaintiff is entitled to right of occupancy to that piece or parcel of land situate, lying and being at Ajani Oyediran Oyeniyi family land at Isoko Area, Ogbomoso, verged yellow in plan No. OB692A dated 25 January 1989 and drawn by Bamigbose licensed surveyor; 2. Two thousand naira (N2,000.00) damage jointly and severally against the defendants for trespass committed by the defendants on various occasions in September 1988 by going on the plaintiff’s piece or parcel of land situate at Ajani Oyediran Family land at…

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