OLUKONDO II
V.
ADEFILA

(2017) JELR 56129 (CA)

Court of Appeal 5 May 2017 Nigeria
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Case Details

Suit Number:CA/IL/29/2016
Judges:BOLOUKUROMO MOSES UGO JCA
Counsel:O. L. Omoleye Esq. (with him, Matthew L. K. Ogunleye Esq - for the Appellant. C -*- M. O. Aminu Esq. (with him, S. A. Dasuki) - for the -*- Respondents.

.OWOADE JCA: (Delivering the Lead Judgment): This is an appeal against the decision of the Kwara State High Court sitting at Omu-Aran delivered by T.S. Umar, J. in Suit No. KWS/OM/8 2015.

By a writ of summons and statement of claim of 6 November 2015, the appellant as claimant for himself and on behalf of the entire people of Oreke town/community jointly and severally claim against the respondents as follows: A declaration that claimant’s community is entitled to the customary right of occupancy over the entire farm land which shares boundary with Oreke-Okegbo immediately after the Ogboloo stream (Gbayawo). A declaration that the defendants have trespassed and encroached on part of the claimant’s land, lying and situate at immediate after Ogboloo stream at Oreke town. An order of perpetual injunction restraining the defendants whether by themselves, agents, privies or servant from disturbing, harassing, molesting,assaulting, attacking or threatening the lives of the claimant’s and dist…

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