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GABRIEL ADEWOLE TEWOGBADE V. MRS. V.A. OBADINA

(1994) JELR 43368 (SC)

Supreme Court  •  SC.228/990  •  22 Apr 1994  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; ABUBAKAR BASHIR WALI JSC; UTHMAN MOHAMMED JSC; SYLVESTER UMARU ONU JSC; ANTHONY IKECHUKWU IGUH JSC;

Appearances
Appellant absent and unrepresented For Appellant J.O.A. Ajakaye, Esq. (with him, Dr. A. D. Obadina) For Respondent

Judgement

IGUH,J.S.C. (Delivering the Leading Judgment): By a writ of summons filed in the Ibadan Judicial Division of the High Court of Justice, Oyo State, the plaintiff, who is now respondent, instituted an action against the defendant, now appellant, claiming as follows:-

"(a) Declaration that the plaintiff is entitled to Statutory Right of Occupancy to all that piece and parcel of land known as Plots 1 and 2, Alafia Layout, Ikolaba village, Ibadan, particularly shown on Plan No. MAY 95AD/76 dated 9th November, 1976, made by M.A. Laoye Esq., Licensed Surveyor, thereon edged red and all the right of way and easements attached thereto:

(b) N20,000.00 (TWENTY THOUSAND NAIRA) general and special damages for trespass and for the destruction of the wall fence made round the Plots of land by the plaintiff and also all other materials deposited thereon.

(c) Perpetual Injunction restraining the Defendant, his agents, servants, workers, privies and all persons whatsoever claiming through him."

Pleadin…

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