(2002) JELR 44468 (CA)    

Court of Appeal  ·  CA/I/218/2000 ·  17 Dec 2002 ·  Nigeria
SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria FRANCIS FEDODE TABAI Justice of The Court of Appeal of Nigeria
Core Terms Beta
family land
learned trial judge
members of the family
general damages
perpetual injunction
destructive waste
members of the igbasonyin family
said farmland
trial court
family farmland
grant of perpetual injunction
igbasonyin family of ikorodu
1st appellant
acts of excavation of sand
behalf of the igbasonyin family of ikorodu
current head of the family
first respondent
grounds of appeal
jurisdiction of this honourable court
leading judgment
order of injunction
sagamu high court
severe damages
action of the plaintiffs
amended statement of claim
assumption of office of the first respondent
award of n1
death of the former head of the family
election of the first respondent
first appellant
following issues
igbasonyin farm
injunctive order
large plot of family farmland
learned judge
local government area
lower court
parts of the land
picture exhibit l-l10 show
present appellants
rule of common law
said excavation
see ogundairo v. abeje

S. A. AKINTAN, J.C.A. (Delivering the Leading Judgment): This is an appeal from the judgment delivered by Osidipe, J. at Sagamu High Court in Ogun State on 19th September 1997 in Suit No. HCS/49/92. The present appellants were the defendants while the respondents were the plaintiffs in the lower court. The plaintiffs instituted the action in a representative capacity on behalf of themselves and on behalf of the Igbasonyin family of Ikorodu.

The plaintiffs' claim as set out in paragraph 46 of the amended statement of claim is as follows:

(1) Declaration that the defendants are by their joint and several acts of excavation of sand from the family farmland known as Igbasonyin farm situate, lying and being at Magbon Village, off Ikorodu/Sagamu Road, near Ita Oliwo, via Ogijo in Sagamu Local Government area and which is

particularly described and delineated in survey plan No. AT/OG/8483 dated 6/12/89 and drawn by W.T. Adeniji licensed surveyor and having boundaries with (1) Pakisa farm (2)…

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