MADAM AYAYI YUSUF & ANOR V. RAPHAEL AKINSUNNOYE
(2013) JELR 35954 (CA)
Court of Appeal
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CA/B/49/2010
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19 Apr 2013
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Nigeria
Coram
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA;
ALI ABUBAKAR BABANDI GUMEL JCA;
CORDELIA IFEOMA JOMBO-OFO JCA;
Appearances
Babatope Fajire Esq. For Appellant
Respondent present. For Respondent
Judgement
<p>KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High court of Ondo state sitting at Akure, delivered on 26th March 2009 dismissing the appellants' claims in their entirety.</p><p> The appellants herein, as plaintiffs at the trial court instituted an action by writ of summons filed on 16/11/06 against the respondent as defendant, for the following refiefs:</p><p> 1. A declaration that the plaintiffs family is entitled to the grant of the Statutory Right of Occupancy over the parcel of land known as Asamuro and Oguntola family land along Ipinsa Road, Akure, Akure south Local Government as shown in survey plan No. YG/OD/01/022 dated 11/3/01 and approved layout No.AKS/AURPO/642/2006.</p><p> 2. The sum of N2 Million for the acts of trespass committed and still being committed by the Defendant.</p><p> 3. Perpetual Injunction restraining the defendant, either by himself, agents, servants or privies from further committing any acts of tresโฆ</p>