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ODUTOLA
V.
ODERINDE & ORS.

(2004) JELR 45015 (SC)

Supreme Court 28 May 2004 Nigeria
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- The plaintiffs claimed to be the persons entitled to the statutory right of occupancy in respect of a piece of land in Ijako village near Otta, Ogun State, Nigeria. - They also claimed damages for trespass and sought injunctions against t

Case Details

Suit Number:SC.144/1999
Judges:IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria
Counsel:Alhaji R. O. Ayoola, For Appellant Kolawole Alawode, Esq. For Respondent

KUTIGI, J.S.C. (Delivering the Leading Judgment): In the Ogun State High Court holden at Otta, the plaintiffs claimed against the defendant -

(1) to be the persons entitled to the statutory right of occupancy in respect of the land situate, lying and being at Ijako village near Otta, Ogun State of Nigeria;

(2) the sum of N200,000.00 against the 1st defendant being damages for trespass etc.

(3) injunction restraining the 1st defendant, his agents, servants, or privies from committing further trespass and or entering the said land etc.

(4) injunction restraining the 2nd, 3rd and 4th defendants from accepting and or approving and granting and or registering and or processing any application for certificates of occupancy from the 1st defendant etc. should be noted that the defendant/appellant became the sole defendant upon the withdrawal of the claim against the other defendants who were then struck-out from the suit.

After the parties had filed and exchanged their pleadings, the defen…

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