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ALHAJI ATANDA BODUNRIN SERIKI & ANOR V. MR. JONAH TOGUN O. ADURALERE

(2011) JELR 33953 (CA)

Court of Appeal  •  CA/IL/ M.9/ 2009  •  16 Feb 2011  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA; SOTONYE DENTON-WEST JCA; IGNATIUS IGWE AGUBE JCA;

Judgement

TIJJANI ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Kwara State High Court of Justice, in Suit KWS/109/99, Coram M. O. Adewara (J) delivered on the 30th day of April, 2008.

The appellants were the defendants whilst the Respondent was the claimant/plaintiff in the lower Court. The Respondent by his writ of Summons dated 17th day of September, 1999 and filed on 30th day of September, 1999 sued the Appellants herein and claimed the following reliefs:

"(1) A declaration that the plaintiff is the only one entitled to the statutory Right of occupancy on a piece or parcel of Land situate at Aduralere Street, Amilegbe Area, Ilorin, Kwara State.

(2) A sum of N20, 000.00 only being damages for trespass to and wanton destruction plaintiff's of the rand and arable crops such as plantain, banana, mango and orange trees by the Defendants.

(3) Injunction restraining the Defendants either by themselves, agents, servants, privies or through any pe…

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