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

(2008) JELR 46823 (CA)

Court of Appeal  •  CA/1/132/2001  •  3 Apr 2008  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; MUSA DATTIJO MUHAMMAD JCA; AMINA ADAMU AUGIE JCA;

Judgement

M. D. MUHAMMAD, J. C. A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hosn. 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 the 14th 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 25th day of January, 1989 and drawn by Bamigbose Licensed Surveyor;

(2) Two Thousand Naira (N2,000) damage jointly and severally against the defendants for trespass committed by the defendants on various occasions in September 1988 by going on the Plaintiffs piece or parcel of land situate …

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