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COL. A. C. UGWUNZE V. CHIEF ADEGBOYEGA ADELEKE & ORS.

(2007) JELR 48987 (CA)

Court of Appeal  •  CA/L/250/2002  •  12 Jun 2007  •  Nigeria

Coram
MONICA BOLNA'AN DONGBAN~MENSEM JCA; PAUL ADAMU GALINJE JCA; HUSSEIN MUKHTARS JCA;

Judgement

MUKHTAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Lagos State (Coram Hon. Justice J.A. Oduneye, J.) delivered on the 15th March, 2002 in suit No. 10/262/96.

The respondents as plaintiffs in the court below, sued the appellant as defendant claiming the following reliefs:-

"1. A declaration that the plaintiffs are the persons entitled to a statutory right of occupancy in respect of all that piece or plot of land situate, lying and being at Plot 44 Adebayo Mokuolu Street, Anthony Village, Lagos, and which with its boundaries, abuts, and measurements is more particularly shown and delineated on the plan attached drawn and edged red attached to the conveyance registered as No. 72 at page 72 in volume 1410 of the Lands Registry in the office at Lagos.

2. N5,000,000.00 (Five million Naira) being special and general damages for trespass committed by the defendant, his servants and/or agents to the said land.

3. Perpetual injunction res…

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