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ALHAJI ALARU A. SALAKO & ORS. V. CHIEF OLATUNJI DOSUNMU

(1997) JELR 45394 (SC)

Supreme Court  •  SC.30/1991  •  11 Jul 1997  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; ABUBAKAR BASHIR WALI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; UTHMAN MOHAMMED JSC; ANTHONY IKECHUKWU IGUH JSC;

Judgement

A. B. WALI, J.S.C (Delivering the Leading Judgment): The plaintiffs, in paragraph 47 of their final Amended Statement of Claim claimed the following reliefs against the defendant:- .

"a. Declaration that the plaintiffs are entitled to a grant of a Statutory Right of Occupancy in respect of the piece of land at Owusa Farm, Iperu-Remo, more particularly described on plaintiffs' Survey Plan.

b. N25,000.00 Special and General Damages for continuing trespass committed to the said land and therein since 1982.

c. Perpetual Injunction restraining the defendant, his agents, servants and/or workers from further trespass to the land, entering thereon or doing anything whatsoever.

d. A declaration that the defendant is not entitled to the Certificate of Occupancy registered as No. 60 at page 60 in Volume 129 in the Lands Registry in the office at Abeokuta."

At the end of exchange of pleadings between the plaintiffs and the defendant the case proceeded to trial before Somolu J. At the conclusion …

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