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DUROSARO
V.
AYORINDE

(2005) JELR 45990 (SC)

Supreme Court 4 Mar 2005 Nigeria
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Case Details

Suit Number:SC.70/1998
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Supreme Court of Nigeria
Counsel:A.O. Abiose, Esq. For Appellant Chief M.O. Ayorinde (with him, K.F. Elodufor) For Respondent
Other Citations:Durosaro v. Ayorinde (2005) 8 NWLR (Pt.927)407 (2005) 3-4 S.C 14 (2005) 3-4 S.C 14

EJIWUNMI, J.S.C. (Delivering the Leading Judgment): The action which led to this appeal was commenced in the Ibadan Judicial Division of the High Court of Oyo State of Nigeria by the respondent as plaintiff, against sixteen (16) defendants including the appellant in this appeal, in suit No. 1/168/83 for the following claims:-

"1. A declaration that the plaintiff is entitled to the statutory right of occupancy in respect of the land verged red in plan No. FA 11.770 filed with this statement of claim.

2. N1,000 as damages against each of the defendants for his acts of trespass on the said land since 1981.

3. Injunction restraining the defendants, their servants, agents, privies and other persons claiming through any of them from committing further acts of trespass on, or coming to the land."

Pleadings were subsequently ordered, filed and exchanged between the parties. During the course of the proceedings, some of the parties applied for and obtained leave to amend their pleadings, whic…

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