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DAKAN & ORS
V.
ASALU & ORS

(2015) JELR 40630 (SC)

Supreme Court 15 May 2015 Nigeria
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Case Details

Suit Number:SC.64/2005
Judges:JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria JOHN INYANG OKORO Justice of The Supreme Court of Nigeria CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria
Counsel:Chief O. T. Adebiyi For Appellant O. J. Bamgbose For Respondent

CHIMA CENTUS NWEZE, J.S.C. (Delivering the Leading Judgment): The respondents in this appeal [as plaintiffs], on behalf of themselves and the Osolo Royal Family, took out a Writ of Summons against the appellants herein [as defendants] at the High Court of Justice, Ogun State, holden at Abeokuta. They [the respondents, as plaintiffs] claimed against them [appellants, as defendants], jointly and severally, as follows:

1. Declaration that the plaintiffs are entitled to Certificate of Occupancy in respect of the land situate, lying and being at Osi Quarters, Otta, Egba Division, Ogun State;

2. N100,000 (One Hundred Thousand Naira) damages from each of the defendants for trespass committed on the said land by clearing and constructing building thereon without the consent of the plaintiffs;

3. An injunction against the defendants jointly and severally restraining them from entering the said land and doing anything thereon without the consent of the plaintiffs.

Issues were, duly, joined in …

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