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SAIDU SANUSI & ORS V. TUNDE ISEKU & ORS

(2017) JELR 37656 (CA)

Court of Appeal  •  CA/IL/58/2015  •  25 May 2017  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; HAMMA AKAWU BARKA JCA; BOLOUKUROMO MOSES UGO JCA;

Appearances
Dr. D. A. Ariyoosu with him, Kayode Oni, Esq., A.O. Saka, Esq. and Miss Halima Jimada For Appellant Salman Jawondo, Esq. with him, Isiaka Abdulrasheed, Esq. and A. Ibrahim, Esq. For Respondent

Judgement

BOLOUKUROMO MOSES UGO, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Kwara State of 06/03/2015. Before that Court the appellants as claimants originally sued only one Messrs. Tunde Salman, Abdulmumini Salman and the present 1st to 2nd respondents as defendants. Their claims, which remained unchanged till judgment, were for:

1. A declaration that the claimants are the lawful and ancestral owners of a parcel of land measuring 365.6 acres which land is situate lying and being at Off Ogundele Road, Oke Moro, Elete village, Ilorin, Kwara State to the exclusion of the defendants or any other person.

2. An order of perpetual injunction restraining the defendants, their agents, servants, privies or any other person(s) howsoever from trespassing on the disputed land.

3. General damages of 200,000 (Two Hundred Thousand Naira) against all the defendants jointly and severally.

Appellants there alleged that the said defendants trespassed on their la…

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