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TIAMIYU SHITTU & ORS. (FOR THEMSELVES AND ON BEHALF OF ILOGBO FAMILY) V. JIMOH AREMU OLAEGBE

(2009) JELR 53279 (CA)

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

Coram
CLARA BATA OGUNBIYI JCA (Presided and Read the Lead Judgment) SIDI DAUDA BAGE JCA MODUPE FASANMI JCA

Judgement

OGUNBIYI JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Justice, Oyo State, delivered on 23 May 1999. The appellants were the plaintiffs at the lower court and their claims as contained in the writ of summons dated 2 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.

) Sum of N25,000.00 (twenty-five thousand naira) being damages suffered by the plaintiffs’ land and erected illegalstructures (building foundation thereon).

) Order of perpetual injunction restraining the defendant by himself, his servants, agents, privies and/or anyperson claiming under and/or through them from committing any further acts of…

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