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RASAKI A. SALU V. MADAM TOWURO EGEIBON

(1994) JELR 47012 (SC)

Supreme Court  •  SC.67/1987  •  17 May 1994  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; ABUBAKAR BASHIR WALI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; YEKINI OLAYIWOLA ADIO JSC; ANTHONY IKECHUKWU IGUH JSC;

Judgement

ADIO, J.S.C ; (Delivering the Leading Judgment): In the High Court of Justice of Ogun State of Nigeria, Sagamu Judicial Division, the appellant instituted an action against the respondent for the following reliefs:-

"1. A declaration that the plaintiff is entitled to statutory right of occupancy in respect of a piece or parcel of land at 22, Sode Street, Sagamu.

2. Perpetual injunction restraining the defendant her agents and servants from committing further acts of trespass on the said property.

3. N5,000.00 (Five thousand Naira) damages for trespass committed by the defendant on the plaintiff's said land."

Pleadings were duly filed and exchanged. The averments in the pleadings filed by the parties showed that the parties were adjacent neighbors, who acquired their respective pieces of land at different times from the same vendor. Each party surveyed his/her own parcel of land and had a survey plan. The dispute related to the extent or size of the parcel of land acquired by each part…

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