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ADEKUNLE
V.
ADELEYE

(1997) JELR 77847 (CA)

Court of Appeal 7 Apr 1997 Nigeria
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- The case involves a dispute over a piece of land in Isale Idiho Quarters of Igbogila in Ogun State. - The plaintiff claims customary right of occupancy over the land and seeks damages for trespassing and an injunction against further inte

Case Details

Judges:ALOMA MARIAM MUKHTAR, J.C.A. (Presided and Read the Leading Judgment), MURITALA AREMU OKUNOLA, J.C.A., DALHATU ADAMU, J.C.A.
Counsel:Prince F.G. Adewole - for the Appellant Chief V.A. Odunaiya - for the Respondent
Other Citations:(1998) 12 NWLR (Pt. 579) 613

MUKHTAR, J.C.A. (Delivering the Leading Judgment): In the court below a writ of summons which reads as follows, was taken out by the plaintiff in a representative capacity for Adeleye Oniko family:

1."The plaintiffs claim is for a declaration that the plaintiff and his family is entitled to customary right of occupancy of all that pieceor parcel of land situate at Isale Idiho Quarters of Igbogila in Ogun State which land is more particularly described in survey plan No.OGE.663/83 drawn by Chief Akin Ogunbiy i, licensed surveyor of Ibadan. This land is bounded on right by Oyeleye and Ayawo, on the left by Kufe on the rear side by Odu Olomo and in front by Fakanbi Apena.

2.N200.00 (two hundred naira) being damages for the acts of trespass committed by the defendant to the said piece or parcel of land.

3.An injunction restraining the defendant by himself, his agents, servants and or workmen from further entering and/or interfering with the possessionary rights of the plaintiff over the said…

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