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ALHAJI YISA YUSUF v. VICTOR OLUSEGUN DADA & ANOR

(2017) JELR 38199 (CA)

Court of Appeal  •  CA/IL/36/2015  •  20 Jan 2017  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; HAMMA AKAWU BARKA JCA; BOLOUKUROMO MOSES UGO JCA;

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A.(Delivering the Leading Judgment): This is an Appeal against the judgment of T. S. Umar, J. in the Omu-Aran Judicial Division of the High Court of Kwara State on 24/11/2014.

By a writ of summons and statement of claim filed on 15/04/2011, the Respondents as Claimants claimed against the Defendant Appellant as follows:-

1. An Order of perpetual injunction against the Defendant his privies agents and whosoever derives title through him from further trespass, continuing trespass on the parcel of land covered by customary Right of Occupancy No. 1701 and particularly described in the attached Site Plan.

2. General Damages in the sum of N1,000,000.00 (One Million Naira) only for unlawful trespass on the parcel of land belonging to on the Estate of David Agboola Dada.

The facts of the case as could be discerned from the pleadings are as follows:-

1. The Claimants Respondents are the beneficiaries and Administrators of the Estate of their late father, David Agboola Da…

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