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BELLO SALAMI & ANOR. V. ALHAJI ADETORO LAWAL

(2008) JELR 46786 (SC)

Supreme Court  •  SC.417/2001  •  11 Jul 2008  •  Nigeria

Coram
NIKI TOBI JSC; GEORGE ADESOLA OGUNTADE JSC; MAHMUD MOHAMMED JSC; JAMES OGENYI OGEBE JSC; MOHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC;

Judgement

G. A. OGUNTADE, JSC (Delivering the Leading Judgment): The appellants were the plaintiffs at the Oshogbo High Court of Osun State where they claimed against the respondent as the defendant the following reliefs:

"(i) A declaration that the Plaintiffs are the persons entitled to a statutory Right of Occupancy to the piece or parcel of land consisting of an area approximately 9.865 hectares, verged Blue and shown on plan No. OMS/OSfMISC/08/91 drawn by E.O, Omisola and Associates, Licensed Surveyor and bounded as follows:

(a) On the front side or Northern side by Osogbo to Iwo Road

(b) On the Eastern side by Adegoke Family landed property

(c) On the Southern side by Onifade Family land and

(d) On the Western side by Yemoja Stream

(ii) Five thousand naira (₦5,000.00)General damages for trespass committed by the defendant on plaintiff family land at Yemoja area, Oyatedo.

(iii) Perpetual injunction restraining the defendant, his servants, agents or privies from committing any further acts…

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