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MUTAIRU
V.
ATOKE

(2011) JELR 48381 (CA)

Court of Appeal 14 Jun 2011 Nigeria
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Case Details

Suit Number:CA/I/48/99
Judges:SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria MODUPE FASANMI Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria
Counsel:S.O. Sanni Esq., For Appellant S.O. Oyewo Esq; For Respondent

SIDI DAUDA BAGE, J.C.A., (Delivering the Leading Judgment): This is an appeal against the ruling of Delano C J, of the High Court of Justice Abeokuta Ogun State in Suit No. AB/147 98 - Peter Mutairu and anor v. Akanbi Solomon and 2 ors delivered on the 18th of March, 1999. Briefly, the facts culminating in this appeal are as follows:-

The present Appellant in this appeal had claimed against the Respondents jointly and severally as follows:-

(1) "The sum of N10,000,000:00 (Ten Million Naira) being damages for the trespass committed by the Defendants, their agents, servants and privies when they unlawfully entered the plaintiffs land situate, lying and being at lbafo Village Ogun State and started clearing the land and destroying the crops thereon.

(2) Perpetual injunction restraining the Defendants, their agents, servants and privies from committing further acts of trespass on the said Land. "

The Respondents as defendants replied the above claims of the Appellant by filing a Notice of…

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