AKINYEMI & ANOR
V.
OJO & ANOR

(2011) JELR 45969 (CA)    

Court of Appeal  ·  CA/L/669/2007 ·  25 Jan 2011 ·  Nigeria
CORAM
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria MUHAMMED DANJUMA Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellants
respondents
lower court
possession of the land
learned trial judge
acts of ownership
case of the claimants
parcel of land
act of trespass
lagos state
learned judge of the lower court
declaration of title
exhibits p1
family property
lay claim
testimony of the claimants
exhibits p2a
favour of the respondents
first duty of a claimant
following reliefs
issue of identity
learned trial judge of the lower court
odu-bada
paramount issue
paras e
production of documents of title
amended notice of appeal
exhibits p2a. b. c
full trial
high court of lagos state
leading judgment
leave of the court
much ado
niki tobi jsc
notice of appeal
para a
para h
paras a-f.
paras b-h.
possessions of the land
record shows
similar issues
supreme court of nigeria
survey plan no cd
testimony of the respondent

HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): The appellants were sued by the respondents before the High Court of Lagos state (the court below) by writ of summons dated 21st November, 1989, claiming the following reliefs:

1. N500, 000.00 (Five Hundred Thousand Naira) damages for trespass committed by the defendants on the piece or parcel of land situate, lying and being at Ejigbo, Lagos State which is more particularly described and delineated on Survey Plan No CD.728177 dated 11th November, 1977 prepared by C. Olu Dawodu registered surveyor.

Perpetual injunction restraining the defendants, their servants, agents and/or privies from entering, building, constructing upon or purporting to alienate any portion of the parcel of or, in any manner howsoever, committing any act of trespass or disturbing the plaintiffs' possession of the piece or parcel of land situate at Ejigbo, Lagos State which is more particularly described and delineated on Survey Plan No. CD .726177 dated …

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