(2012) JELR 49286 (CA)    

Court of Appeal  ·  CA/I/189/08 ·  27 Mar 2012 ·  Nigeria
Other Citations
Ero v. Tinubu (2012) 8 NWLR (Pt. 1301) 104
ADZIRA GANA MSHELIA Justice of The Court of Appeal of Nigeria MOPUPE FASANMI Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st defendant
trial court
favour of the respondent
learned trial judge
statement of claim
virgin land
3rd defendants
finding of the learned trial judge
local government
lower court
possession of the land
purchase price
2nd plaintiff
appellants case
evidence of pw3
ogun state
position of the law
presence of the appellants
survey plan no r00
weight of evidence
1st february
arrest of 1st defendant
conclusion of trial
cost of n100,000.00 award
costs of n100,000
current head of ogundimu family
erection of iron gate
evidence of dw4 1st appellant
evidence of the parties
family receipt of ogundimu family
given circumstances
judgment of the high court of justice
low fence
paras a-d. see
paras d-f.
parcel of land
plaintiffs case
prior interest
totality of the evidence

ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High court of Justice, Ogun State, delivered by Asenuga J. on the 31st March, 2008.

The Respondent was the Plaintiff at the lower court. He claimed in his 2nd amended statement of claim dated the 26th of September, 2007 the following reliefs:-

1. A declaration that the Plaintiff is the person entitled to the statutory Right of occupancy to the land in dispute situate and lying at Arewa close; Akute, Ajuwon, Ifo local Government covered by survey plan No R00/09/23/10/96 dated 04/10/96.

2. N500, 000 (five hundred thousand naira) as general damages against the 1st, 2nd and 3rd Defendants for the trespass.

3. N250, 000 (two hundred and fifty thousand naira) as cost of instituting this action.

4. An order of perpetual injunction restraining the defendant, their servants, agents, privies or howsoever described from further trespassing on the plaintiff's land.

The Plaintiffs case (now…

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