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AGBEBIYI & ORS
V.
BALOGUN & ORS

(2016) JELR 39837 (CA)

Court of Appeal 22 Jan 2016 Nigeria
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Case Details

Suit Number:CA/I/4/2012
Judges: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
Counsel:Olusegun Fabunmi, Esq. For Appellant O.O. Ojutalayo with him, A.A. Isiolaotan for 1st - 4th RespondentsO.T, Akinbiyi for 5th - 7th Respondents For Respondent

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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