AGBEBIYI & ORS
V.
BALOGUN & ORS

(2016) JELR 39837 (CA)    

Court of Appeal  ·  CA/I/4/2012 ·  22 Jan 2016 ·  Nigeria
CORAM
ALI ABUBAKAR BABANDI GUMEL Justice of The Court of Appeal of Nigeria OBIETONBARA O. DANIEL-KALIO Justice of The Court of Appeal of Nigeria NONYEREM OKORONKWO Justice of The Court of Appeal of Nigeria
Core Terms Beta
law
learned trial judge
appellants
legal practitioner
4th respondents
7th respondents
favour of the claimants
lower court
rights of the claimants
survey plan no. koa
trial court
legal practitioners
parcel of land
right of occupancy
entire proceedings
issue of jurisdiction
respect of the said land
amended notice of appeal
counter-claims
counter-claims of the 2nd sets of defendants
evidence of the claimants
evidence of traditional history of the founding
government ministry
high court
legal practitioners act
third amended statement of claim
4th respondent
amended 1st
brief of argument of the appellants
counter-claims of both sets of defendants
decision of the supreme court
effect of such failure
filing fee
focal point
grounds of appeal
judgment of ogun state high court
judgment vide notice of appeal of january
leading judgment
leave of this court
major feature of the case
major feature of this case
originating writ of summons
procedural defect
question of competence of the action
recent decisions of the supreme court
relief of damages
respective briefs of arguments
survey plan no.

NONYEREM OKORONKWO, J.C.A. (Delivering the Leading Judgment): This appeal arose from the judgment of Ogun State High Court delivered on October 24th, 2011 by A.A. Akinyemi, Judge wherein judgment was entered in favour of the claimants herein 1st - 4th respondent as follows:

1. The claimants are declared to be entitled to the right of occupancy in and over all that parcel of land lying being and situate at ljaba, near Osuke village via Ota, verged RED and more particularly described in Exhibit "A" i.e. Survey plan No. KOA/OG 97/DP 13 drawn by Surveyor Apatira dated 13/8/97.

2. The relief of damages for trespass is dismissed.

3. An Order of perpetual injunction is granted restraining the defendants by themselves, their agents, servants or privies from trespassing upon or interfering with the rights of the claimants on and in respect of the said land at Ijaba near Osuke village via Ota, verged RED and more particularly described in Survey plan No....KOA/OG 97/DP 13 by Surveyor Apatira dated…

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