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MISS CLEMENTINE RICKETTS & Ors v. OBA A. K. HASSAN

(2001) JELR 44304 (CA)

Court of Appeal  •  CA/L/283/98  •  23 Apr 2001  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JCA; SULEIMAN GALADIMA JCA; PIUS OLAYIWOLA ADEREMI JCA;

Judgement

OGUNTADE, J.C.A. (Delivering the Leading Judgment): The appellants were the plaintiffs in suit No. ID/584/89, before the Ikeja High Court, and had claimed against the respondent (as the defendant) for the following:

"(i) The sum of Two thousand naira damages for trespass.

(ii) A perpetual injunction restraining the defendant, his servants and or agents from trespassing on the said tract of land.

(iii) A declaration that they are entitled to a certificate of occupancy over the land in dispute.

The parties filed and exchanged pleadings. The suit was tried by Longe, J. On 15-4-94, the learned trial Judge in his judgment dismissed in their totality, the claims of the plaintiffs. Dissatisfied, the plaintiffs have brought this appeal. In their appellants' brief filed on 28/1/2000, the issue for determination was identified as the following:

"Which of the parties before the court established better title to the land in dispute."

The respondent in his brief filed on 28/4/2000, identified two …

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