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OLADIPUPO & ANOR
V.
OLANIYAN & ORS

(1999) JELR 43708 (CA)

Court of Appeal 31 May 1999 Nigeria
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- The appellants/plaintiffs instituted an action in the trial court seeking damages for trespass, alternatively, forfeiture of the defendants’ customary tenancy, based on allegations of unlawful entry and destruction of crops on a disputed

Case Details

Suit Number:CA/I/158/92
Judges:ALOMA MARIAM MUKHTAR Justice of The Court of Appeal of Nigeria DALHA TU ADAMU Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria
Counsel:R.A. Ogunwole For Appellant O. Akinyele, Esq. For Respondent
Other Citations:Oladipupo v. Olanipekun (2000) 1 NWLR (Pt.642), pg. 557 ADEMOLA OLADIPUPO & 1 OR. v. OYEBAMIJI OLANIYAN & 2 ORS.

MUKHTAR J.C.A. (Delivering the Leading Judgment): In the Court below the Appellants who were then the Plaintiffs made the following claim in the Writ of Summons where he instituted an action against the Defendants/Respondents. ''The Plaintiffs' claim is against the Defendants jointly and severally for a sum of N25,000.00 (Twenty Five Thousand Naira) being damages suffered by the plaintiffs when the defendants unlawfully entered the plaintiff's farmland with a team of people on 18/3/87 at Oke-Odo Itosi, Gboreke, Gundungbun, Ilora via Oyo and reaped their palm fruits and also destroyed the Plaintiff's cassava and yam plantations in the night of 9/5/87 when the Defendants again unlawfully and stealthily entered the plaintiff's said farm land at Oke-Odo Itosi, Gboreke, Gundungbun Ilora, via Oyo for the purpose of surveying the farmland.

Or

In the Alternative-

An Order of forfeiture of the Defendant's family customary Tenancy on the Plaintiff's land situated, lying and being at Oke-Odo Ito…

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