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ALHAJI ISA ALABI USMAN V. MALLAM MUHAMMED ALABI (FOR HIMSELF AND ON BEHALF OF SALIU ABAGUN FAMILY OF GAA UBAN DAWAKI VILLAGE SAPATI-OKO ASA LGA) ALHAJI SALIU KAREEM ALHAJI HUSSAN SAID ANIMASAHUN MR. ISMAILA SALAWUDEEN

(2005) JELR 51367 (CA)

Court of Appeal  •  CA/IL/22/2003  •  14 Apr 2005  •  Nigeria

Coram
ABOYI JOHN IKONGBEH JCA TIJJANI ABDULLAHI JCA

Appearances
Kayode Olatoke (with him, D. A. Ariyoosu) - for the Appellant SALMAN JAWONDO (with him, Aremu Shehu) - for the 1st Respondent -*- H. O. Buhari (with him, S. O. Akanbi) - for the 2nd Respondent -*- Tunde Olomu - for the 3rd Respondent

Judgement
<p><strong> MUNTAKA-COOMASSIE, JCA </strong><strong><span style="background-color: #f1f1f1">(DELIVERING THE LEADING JUDGMENT)</span></strong><strong>: </strong> The appellant herein was the defendant before the High Court of Justice, Ilorin Kwara State coram F. A. Ojo. The plaintiff in that court now respondent claimed the following reliefs:</p><p> “1. A declaration that the plaintiff’s family is the owner of and is entitled to the right of occupancy over the parcel or piece of land measuring 8.22 hectares situate at Alagbede, Ita Alamu Ilorin, in Ilorin-South Local Government Area shown and markedin survey plan No. MISC 204 of July 1997 prepared by A. F. Ogundele, Kwara State surveyor-general. Perpetual injunction restraining the defendants, their servants, agents, privies and or person claiming through or under the defendants from selling, alienating, disposing and or in any manner whatsoever dealing with and or building on and or in any form trespassing to the plaintiff’s family land afore described.</p><p>2. ₦10,000.00 general damages for various acts of trespass to the plaintiff’s family land…</p>

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