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ONANUBI
V.
OGUNFOLU

(2009) JELR 39252 (CA)

Court of Appeal 7 Apr 2009 Nigeria
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- The Court of Appeal affirmed the trial court’s judgment granting the plaintiffs title to the disputed land, damages for trespass, and a perpetual injunction against the defendant. - Key principle: In an action for declaration of title, th

Case Details

Suit Number:CA/L/404/2006
Judges:ISA AYO SALAMI Justice of The Court of Appeal of Nigeria CLARA BATA OGUNBIYI Justice of The Court of Appeal of Nigeria RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria
Counsel:Appellant Absent For Appellant O. Idowu;A.O. Adeleye (Miss) For Respondent

ISA AYO SALAMI (OFR), J.C.A. (Delivering the Leading Judgment): The plaintiffs sought the following reliefs against the defendant at the trial court in paragraph 22 of their amended statement of claim-

"22. WHEREOF the plaintiffs claim as follows-

i. A declaration that the plaintiffs are entitled to a statutory right of occupancy over the piece and all that parcel of land totaling six plot of land which formed part of the plaintiffs family land lying being and situate along Alakuko Road, Alagbado Near Agege Local Government Area of Lagos State and shown on composite plan No APAT/LA/349/1994 drawn by Chief A.B. Apatira, licensed Surveyor and dated 24th October, 1994.

ii. N100,000 damages for the acts of trespass committed by the defendants, his agent on the said land in dispute.

iii. Perpetual injunction restraining the Defendant by himself, agent, servant and or privies from further acts of trespass on the said land."

The defendant filed a statement of defence which was subsequently …

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