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ANIMASHAUN
V.
OLAWOYIN

(2011) JELR 48385 (CA)

Court of Appeal 5 May 2011 Nigeria
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Case Details

Suit Number:CA/I/95/06
Judges:STANLEY SHENKO ALAGOA Justice of The Court of Appeal of Nigeria SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria
Counsel:Mr. A. Ladipo For Appellant Mrs. S. I. Adepoju (with Mr. S. A. Ganiyu) For Respondent

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): This appeal sprouts from the decision of the High Court of Justice of Oyo State holden at Ibadan entering judgment for respondent against appellant for declaration of title to statutory right of occupancy in respect of a parcel of land located at Alalubosa Village, off New Ife Road Ibadan together with a permanent injunction restraining appellant and his privies, agents and servants from further trespass on the disputed land. General damages of N500 was also awarded against appellant to respondent by the court below in respect of acts of trespass on the disputed land by appellant.

Upon the settlement of pleadings in the court below, the suit went to trial with the respondent and the appellants tendering their respective pieces of evidence. Respondent relied on traditional history and long undisturbed possession of the land as his radical root of title coupled with purchase of some four plots of land from the original j…

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