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OYEDARE & ORS
V.
OLAYIWOLA

(2012) JELR 34971 (CA)

Court of Appeal 21 May 2012 Nigeria
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Case Details

Suit Number:CA/I/112/2009
Judges:ADZIRA GANA MSHELIA Justice of The Court of Appeal of Nigeria MODUPE FASANMI Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria
Counsel:Oluwole Aina with E. A Imomoh, E. E. Ita and S. Akhetuameh For Appellant L. O. Olatunji For Respondent

MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of an Oyo State High Court sitting in Ibadan delivered on the l8th of July 2008.

The Respondent was the Plaintiff in the lower court where his claims against the Appellants as endorsed on his Writ of Summons were:

(1) Declaration that the purported execution of Judgment in suit I/467/84 on any of the Plaintiff parcel of land delineated and bounded by Survey pillars numbers YADV850, YADV851, YADV852, YADV853, YADV854, YADV855, YADV856, YADV857, YADL5860, YA6210, YADV858, YADV859, YADV86O, YADV849 and YADV861 shown on Plan No. MAM/OY/97/119 of 24th October 1997 situate lying and being at Ayinde Village, Kolomi Area, Liberty Academy via Odo-Ona Elewe, Ibadan is illegal, unjustifiable, unlawful, null and void;

(2) The sum of One Million Naira being special and general damages for trespass committed by the Defendants on the Plaintiff's said land;

(3) An Order of perpetual injunctions restraining…

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