RAFIU AYOOLA WAWAMOSI & ANOR. V. CHIEF M. A. ADEOTI & ANOR.
(2006) JELR 49521 (CA)
Court of Appeal
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CA/I/145/03
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13 Dec 2006
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Nigeria
Coram
AMINAT ADAMU AUGIE JCA;
ALFRED PEARSON EYEWUMI AWALA JCA;
JOHN INYANG OKORO JCA;
Appearances
Chief Oyelakin Balogun For Appellant
Babatunde a. Aiku Esq. For Respondent
Judgement
<p>AWALA, J.C.A, (Delivering the Leading Judgment): The Appellants as Plaintiffs filed this action at the Oyo State High Court, Holden at Ibadan wherein they claimed as per their Amended Statement of Claim dated 23/2/90 in paragraph 23 thereof as follows:- </p><p> (i) A declaration that Ekarun Wawamosi Family is entitled to a Customary Right of Occupancy to all that piece or parcel of land, lying and being at Odo-Ona Elewe Road, Oluyole Local Government Area, Ibadan Division.</p><p> (ii) One Hundred Naira (N100.00k) being damages for trespass committed by the Defendants, when, they unlawfully entered upon the Plaintiffs' farmland, situate, lying and being ,at Odo-Ona Elewe Road, Oluyole Local Government Area, Ibadan Division and which still continues despite repeated warnings.</p><p> (iii) An Order of perpetual injunction restraining the Defendants, their agents or servants or privies or anybody claiming through them from further trespass on the said farmland, which is shown on a Plan NO.KARA/OY/MSC/09/87 DA…</p>