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CHIEF (PRINCE) OLATUNDE OYEWOLE & ORS v. MR. BASHIRU LASISI & ANOR

(2014) JELR 36527 (CA)

Court of Appeal  •  CA/I/46/2009  •  6 Jun 2014  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; MOHAMMAD AMBI-USI DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Osun State High Court Osogbo Judicial Division delivered on 24th October, 2007 wherein the appellants were the defendants while the respondents were the plaintiffs.

The claim of the respondents at the Lower Court was for the following:

(1) A declaration that the plaintiffs are entitled to the piece of land along Railway Line, Alekuwodo Area, Osogbo being the property they inherited from their father Alhaji Lamidi Adeyinka.

(2) N2,000,000.00 (Two Million Naira) damages for trespass committed by the defendants on the land and

(3) An order of perpetual injunction restraining the defendants from further acts of trespass on the disputed land.

The facts of the case are that the respondents' father Lamidi Adeyinka farmed on the disputed land since 1969 but in 1972 or 1975 he bought it. He was in possession of the land. The father of the respondents executed a deed of conveyance. Th…

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