(2012) JELR 38942 (CA)    

Court of Appeal  ·  CA/I/265/2006 ·  21 Dec 2012 ·  Nigeria
M. B. DONGBAN-MENSEM Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria
Core Terms Beta
statement of defence
statement of claim
learned trial judge
submission of the learned counsel
learned counsel
consent of the respondents
grant of land
evidence of the dw3
kojo v. bonsie ii
olaleke delesolu
piece of land
traditional history of the respondents
abonde compound
evidence of the pw
fasasi giwa
following cases
part of the respondents
ors v. sanusi iyanda
records of appeal
respondents case
traditional history of the plaintiffs
1st appellant
agidi family land
ancestor agidi
attention of the learned counsel
behalf of agidi family
behalf of amulegbosan family
course of the trial
judgment of the high court of oyo state
plaintiffs property
pleaded title
portion of the land
portions of the land
recent events
stretch of agidi family land
support of the respondents
terms of paragraph
trial judge

CHIDI NWAOMA UWA, J.C.A (Delivering the Leading Judgment): The appeal is against the judgment of the High Court of Oyo State, presided over by M.A. Owoade J, (as he then was) who entered judgment for the Respondents for trespass and injunction, as plaintiffs, in terms of paragraph 21 of their statement of claim.

The Respondents as plaintiffs claimed against the appellants in a representative capacity as defendants as follows:-

(1) N50,000 damages for trespass committed and still being committed by the defendants on the plaintiffs property situate, lying and being on Agidi Family land at Itutaba, more particularly delineated in the plan to be filed hereafter.

(2) INJUNCTION restraining the defendants by themselves, their agents, servants and or privies or otherwise howsoever from committing further acts of trespass on the land.

Dissatisfied with the judgment the then defendants appealed to this Court vide their Notice of appeal dated 26th May, 2005 containing six (6) grounds of appeal…

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