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OGUNJUMO & ORS
V.
ADEMOLU & ORS

(1995) JELR 43472 (SC)

Supreme Court 7 Apr 1995 Nigeria
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Case Details

Suit Number:SC.232/1991
Judges:MOHAMMED BELLO Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Counsel:Olugbenga Awosode For Appellant E. Abiodun For Respondent
Other Citations:Ogunjumo v. Ademolu (1995) 4 NWLR (Pt.389)254

KUTIGI, J.S.C. (Delivering the Leading Judgment): In the High Court of Oyo State at Ibadan the plaintiffs sued the defendants claiming the following reliefs -

"(1) Declaration of entitlement to right of occupation and grant of certificate of occupancy in respect of the parcel of land situate and being at Olomi Olojuoro Road, Ibadan.

(2) N2,000.00 (Two Thousand Naira) jointly and severally for general damages for continuing trespass committed by the defendants and or their agents on the said land, and

(3) Perpetual injunction to restrain the defendants and or their agents, servants and assigns from further entry on the land."

See para. 19 of the Amended Statement of Claim.

After the filing and exchange of pleadings the case proceeded to trial. The 4th defendant however though served neither entered appearance nor took part in the trial. At the hearing of the case, the 1st plaintiff and four other witnesses gave evidence on behalf of the plaintiffs. The 1st, 2nd, 3rd and 6th defenda…

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