(2014) JELR 40198 (CA)    

Court of Appeal  ·  CA/L/473/2009 ·  20 Feb 2014 ·  Nigeria
RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria TIJJANI ABUBAKAR Justice of The Court of Appeal of Nigeria

RITA NOSAKHARE PEMU, J.C.A.: (Delivering the Leading Judgment): The Appellants claim against the Respondent at the lower Court is as set out in the Amended Writ of Summons dated 28th September 2006, in respect of Suit No ID/1000/04.

It is for a

(1) Declaration that the property situate, lying and being at No 3, Adekunle Fajuyi Crescent, Off Adeniyi Jones Avenue, Ikeja Lagos covered by a Deed of Sub-Lease registered as No. 27 at page 27 in Volume 1364 at the Lands Registry, in the office at Ikeja, is part of the Estate of Col. Oye Ogunkanmi (deceased) and the property of the children of Col. Oye Ogunkanmi.

(2) The sum of N2,000,000.00 (Two Million Naira Only) against the 4 defendant as damages for trespass committed on the property.

(3) An Order of perpetual injunction restraining the Defendant, his agents, servants, privies, attorney or anyone howsoever from further acts of trespass to the said property.

(4) An Order that the defendant should render an account of all money collected a…

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