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ALIBALOYE
V.
AKOGUN & ORS

(2015) JELR 40494 (CA)

Court of Appeal 15 Jul 2015 Nigeria
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Case Details

Suit Number:CA/EK/46/2014
Judges:ADZIRA GANA MSHELIA Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria FATIMA OMORO AKINBAMI Justice of The Court of Appeal of Nigeria
Counsel:T. M. Ogunmoroti with T. Kolawole Esq., A. Adeleke Esq. and (Miss) O. Ogunmoroti For Appellant Adedayo Adewumi with L. A. Fasanmi Esq., M. O. Agbadaola Esq. and (Miss) Oyebola Ajomole For Respondent

ADZIRA GANA MSHELIA, JCA (Delivering the Leading Judgment): The appellant herein, as plaintiff, commenced Suit No. HAD/27/2013 by filing a Writ of Summons in the High Court of Ekiti State sitting at Ado-Ekiti, against the respondents claiming for:-

a. A declaration that the claimant is the bonafide owner of the parcel of land situate at Idiroko farmland, opposite Atlas Motel, Ikere Road, Ado-Ekiti described in Plan No. DES/OD/95/06.

b. Perpetual injunction restraining the defendant, their agents, privies or representatives from further acts of trespass.

c. An order declaring null and void all sales lease or other transactions entered into, in respect of the land, by the Defendants.

d. N5,000,000 (Five Million Naira) general damages for trespass on that parcel of land situate at the Idiroko farm, along Ikere Road, Ado-Ekiti.

The brief facts of the case are as follows:- According to the claimant, he purchased the land in dispute from Alhaji Tijani Ajijola in 1995 while Alhaji Ajijola in…

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