AMOO
V.
MAJASAN

(2003) JELR 57810 (CA)    

Court of Appeal  ·  CA/I/161/97 ·  1 Dec 2003 ·  Nigeria
CORAM
MURITALA AREMU OKUNOLA, JCA (Presided) VICTOR AIMEPOMO OYELEYE OMAGE, JCA OLUFUNLOLA OYELOLA ADEKEYE, JCA (Read the Lead Judgment)
Core Terms Beta
land
appellants
local government
respondents
issue no.
said land
asipa family
issues
acquisition of the land
law
parcel of land
public purpose
trial court
last usual place
lead judgment
official gazette
provisions of the law
public lands acquisition law
service of notice
appellants’ property
ashipa communities
evidence of the grant
exhibit a.
facts of the case
final analysis
grant of same land
interested parties
issue of nullity of acquisition
judgment of the high court of justice oyo state
land use act decree no.
learned trial judge
member of the oyo development union
mere fact
mode of acquisition
notice of appeal
notices of acquisition
oyo judicial division
oyo local government secretariat kosoko
oyo town planning authority
personal service of such notice
plaintiffs’ claim
provisions of sections
records of appeal
service of notice of such acquisition
service of the a acquisition notice
service of the acquisition notice
site of the land
such acquisition
survey plan of the land
transport oyo

ADEKEYE, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Justice Oyo State, Oyo Judicial Division delivered on the 26th of July 1995. The plaintiffs claimed against the defendants jointly and severally as follows.

N1,000 being damages suffered by the plaintiffs as a result of the trespass committed and still being committed by the defendants on a parcel of land situate, lying and being at Oyo/ Ogbomosho Road opposite Ministry of Works and Transport Oyo. Perpetual injunction restraining the defendants, their agents , servants, privies or any person claiming through or under them from committing further acts of trespass on the said land in dispute.

Parties filed and exchanged pleadings. When the matter proceeded to trial the plaintiffs gave evidence and called one witness. The defendants called three witnesses. The facts of the case in brief are that the plaintiffs, chairman, secretary and a member of The Oyo Development Union secured a pa…

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