(2012) JELR 49285 (CA)    

Court of Appeal  ·  CA/I/185/05 ·  30 Mar 2012 ·  Nigeria
STANELY SHENKO ALAGOA (OFR) Justice of The Court of Appeal of Nigeria ADZIRA GANA MSHELIA Justice of The Court of Appeal of Nigeria MODUPE FASANMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
better title
trial judge
documentary evidence
certificate of occupancy
issue of identity of the land
possession of the land
prima facie case
statement of claim
tetiku village
1st plaintiff
conflicting evidence of the defendants
enough acts of possession
entire evidence of the plaintiff
instant case
view of the claim
acre land
appellant brief of argument
briefs of argument
considered judgment
counsel l.o. ogunleye
evidence of possession of adjacent land
judgment of the high court of justice ogun state
judgment of the learned trial judge
leading judgment
ogunbiyi v. adewunmi
order of court
plaintiffs claim
pleadings of the parties
said decision plaintiff
shittu v. fashawe
traditional history of the odunbaku family
unlawful trespass
view of his formulation of the wrong issue
view of the pleadings of the plaintiff
words of the learned trial judge
yoruba native law

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 sitting at Ota Judicial Division delivered by Onafowokan, J. on 27th day of November, 2004.

The appellant (as plaintiff in the court below) by an amended writ of summons and amended statement of claim dated 7th June, 2001 claimed against the Respondents (defendants in the court below) jointly and severally as follows:-

The sum of N750,000.00 (Seven hundred and Fifty thousand Naira only) comprising:-

(a) N250,000.00 as costs of re-establishing survey beacons destroyed on the five acre land in dispute at the rate of N50, 000.00 per acre.

(b) N500,000.00 as general damages for unlawful trespass on the land in dispute.

Perpetual injunction restraining the defendants their servants or privies from trespassing on the land in dispute by way of digging foundations building, farming, cutting trees, selling leasing or alienating in any other form of tres…

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