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ADEGBITE & ANOR
V.
AMOSU

(2013) JELR 35540 (CA)

Court of Appeal 18 Jul 2013 Nigeria
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- The claimant, on behalf of the Eyile family, sought declarations of forfeiture against the 1st defendant (a tenant), possession, N500,000 damages for trespass, and injunction concerning land at 401 Oshodi Express Road, Lagos, deriving tit

Case Details

Suit Number:CA/L/359/07
Judges:CHIMA CENTUS NWEZE Justice of The Court of Appeal of Nigeria JOSEPH SHAGBOR IKYEGH Justice of The Court of Appeal of Nigeria CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria
Counsel:S. O. Ayewo Esq., with A. O. Adeniyi Esq., S. O. Reis, O. Junaid - Eko For Appellant Olumide Akinsanya Esq. For Respondent

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): The Claimant/Respondent for himself and on behalf of Eyile Family by his amended writ of summons and statement of claim claimed against the Defendants/ Appellants as follows:

(a) Declaration that the 1st Defendant has forfeited his right to be on the land of the Plaintiff situate lying and being at 401, Oshodi Express Road, Pleasure Bus Stop, Oke - Odo, Agege, Lagos State which he held of the Plaintiff as a tenant thereof.

(b) Possession of the said land.

(c) N500, 000.00 against the Defendants being damages for trespass committed on the said Plaintiff's land at Oke-Odo which was not granted to the Defendants as tenants.

(d) An injunction restraining the Defendants, their servants, agents or privies or howsoever described from committing any acts of trespass on the said Plaintiff's land.

The facts giving rise to the institution of the suit are that the original claimant on behalf of the Eyile family Madam Wasilatu Olape…

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