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TIAMIYU SHITIU & ORS. v. JIMOH AREMU OLAEGBE

(2009) JELR 47282 (CA)

Court of Appeal  •  CA/I/162/00  •  22 Jun 2009  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; SIDI DAUDA BAGE JCA; MODUPE FASANMI JCA;

Judgement

CLARA BATA OGUNBIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice, Oyo State delivered on 23rd day of May, 1999. The appellants were the plaintiffs at the lower court and their claims as contained in the writ of summons dated the 2nd day of March 1992 read as follows:

"(i) Declaration that the tract of land known and called ILOGBO compound situate lying and being at ILOGBO Akeetan Oyo Town in the Oyo Local Government Area of Oyo State has been and still in the customary possession and occupation of the plaintiffs' family and the plaintiffs' are hereby entitled to a Statutory Right of Occupancy to the said tract of land.

(ii) Sum of Twenty-five Thousand Naira (N25,000.00) being damages suffered by the plaintiffs' land and erected illegal structures (building foundation thereon).

(iii) Order of perpetual injunction restraining the Defendant by himself, his servant's agent's privies and or any person claiming under and/or t…

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