YAYA SAMMAH V. MR. SAMUEL OLUWOLE OJO & ANOR

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Ondo State presided over by Justice Oluwole Fagbe in suit Nos: AK/29/2002 delivered 31st March, 2009.

By a writ of summons and the statement of claim dated 4th February, 2002 respectively, the plaintiffs (herein the respondents) instituted an action against the defendant (herein the appellant) before the High court of Justice of Ondo State sitting at Akure and presided over by Hon. Justice Oluwole Fagbe in suit nos. AK/29/2002 for the following reliefs claimed jointly and severally by the plaintiffs against the defendants:-

i. An order of perpetual injunction restraining the defendant and or his agents, privies, assigns employees, laborers, servants, successors in title and or any person or persons whatsoever by whatever name or names or description and or descriptions claiming through the defendant from trespassing upon, encroaching on or in any way interferin…