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MUSA RAIMI OYEWOLE & ORS v. OLUKUNMI ADEDEJI

(2014) JELR 33334 (CA)

Court of Appeal  •  CA/I/289/2008  •  4 Feb 2014  •  Nigeria

Coram
MONICA BOLNA'AN DONGBAN-MENSEM JCA; CHIDI NWAOMA UWA JCA; OBIETONBARA DANIEL-KALIO JCA;

Judgement

MONICA BOLNA'AN DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Oyo State High Court holden at Ibadan per Hon. Justice M. L Abimbola (J), delivered on the 26th day of November, 2007 against the Appellants as Defendants and in favour of the Respondent as plaintiff.

The parties shall hereafter be referred to simply as Appellants and Respondent respectively.

The Respondent in a writ of summons sought the following reliefs:

(1) A declaration that the Plaintiff are entitled to statutory right of occupancy over a piece or parcel of land situate, lying and being at Fasoro Village Ibadan, the survey plan of which was filed as paragraph 3.

(2) An order of perpetual injunction restraining the defendant, his servants and any other person claiming through him or under him from committing further acts of trespass on the said land.

(3) Further order or other reliefs.

The case of the Respondent as garnered from his pleadings are that the land …

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