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ADELEKE & ORS
V.
IYANDA & ORS

(1994) JELR 43339 (CA)

Court of Appeal 21 Mar 1994 Nigeria
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Case Details

Suit Number:CA/I/294/88
Judges:ALOMA MARIAM MUKHTAR Justice of The Court of Appeal of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria SYLVANUS ADIEWERE NSOFOR Justice of The Court of Appeal of Nigeria
Counsel:L.O. Fagbemi (with him, K. A. Mufutau and A. Akpan) For Appellant M.A. Ayoade For Respondent
Other Citations:Adeleke v. Iyanda [1994] 9 NWLR (Pt.366)

OGUNTADE, J.C.A. (Delivering the Leading Judgment): The appellants were the plaintiffs before the Ibadan High Court. They claimed against the respondents (who were the defendants) the following reliefs:

"(i) A declaration that the 1st, 2nd and 3rd, and 4th and 5th plaintiffs are the persons entitled to statutory rights of occupancy in respect of the lands verged RED and marked B and C, and A2, respectively on the plaintiffs' plan No.LL 9282 prepared by LL Alli, Licensed Surveyor and dated 28/12/83.

(ii) N1,000 damages against each of the defendants for continuing trespass committed by the defendants on the plaintiffs' lands since December, 1982.

(iii) A perpetual injunction restraining the defendants, their servants, agents or any persons claiming through them from committing further acts of trespass on the said lands."

The parties later filed and exchanged their pleadings. The suit was tried by Olowofoyeku J. who on 17th July, 1986 delivered judgment in the matter. The learned trial …

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