AJAO
V.
OGUNTOLU & ANOR

(2021) JELR 109235 (CA)    
Court of Appeal  ·  CA/IB/324/2016 ·  3 Dec 2021 ·  Nigeria
CORAM
Ugochukwu Anthony Ogakwu, JCA Abba Bello Mohammed, JCA Abdul-Azeez Waziri, JCA

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The parties before the Court lay disparate claims to the ownership of the disputed land in this matter. The Respondents, as the Plaintiffs (Claimants) before the lower Court instituted proceedings against the Appellant, as the Defendant in SUIT NO. I/1082/2002: PA SAMSON OLANIYAN and ORS. (For themselves and on behalf of Aladorin Family) v. IDOWU ADEAGBO and ANOR. (For themselves and on behalf of Adeagbo Family). The Respondents by their fresh Statement of Claim dated 1st July 2008 claimed the following reliefs against the Appellants:

(1) A declaration that the Plaintiffs are the persons entitled to a grant of Customary Right of Occupancy in respect of the piece or parcel of land situate and lying at Aladorin Village Via Idi-Ayunre Oluyole Local Government Ibadan, Oyo State.

(2) N100,000 being damages for acts of trespass committed by the defendants on the plaintiffs land now in dispute sometimes in 2002 and which tresp…

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