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MADAM AYAYI YUSUF MADAM AINA OYADELE V. RAPHAEL AKINSUNNOYE

(2013) JELR 55441 (CA)

Court of Appeal  •  CA/B/49/2010  •  19 Apr 2013  •  Nigeria

Coram
ALI ABUBAKAR B. GUMEL JCA CORDELIA IFEOMA JOMBO-OFO JCA

Judgement

KEKERE-EKUN JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Ondo State sitting at Akure, delivered on 26March 2009 dismissingthe appellants’ claimsin their entirety. The appellants herein, as plaintiffs at the trial court instituted an actionby writ of summonsfiled on16 November 2006 against the respondent, as defendant, for the following reliefs: 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 March 2001 and approved layout No. AKS/AURPO/642/2006.

The sum of N2,000,000.00 (two million naira) for the acts of trespass committed and still beingcommitted by the defendant. Perpetual injunction restraining the defendant, either by himself, agents, servants or privies from further committing any acts of trespass on the pl…

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