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OYELEDUN
V.
ADEWUYI

(2017) JELR 37568 (CA)

Court of Appeal 6 Oct 2017 Nigeria
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- This is an appeal against a judgment of the Ogun State High Court in a land dispute case. - The appellant claimed a statutory right of occupancy and damages for trespass on a piece of land. - The respondent defended the action and claimed

Case Details

Suit Number:CA/IB/238/2013
Judges:MODUPE FASANMI Justice of The Court of Appeal of Nigeria CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria HARUNA SIMON TSAMMANI Justice of The Court of Appeal of Nigeria
Counsel:A.O. Apena (Mrs) For Appellant Olayinka Omosanya, Esq For Respondent

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Ogun State High Court, sitting in Abeokuta, delivered by Hon. Justice O. O. Majekodunmi on the 18th day of February, 2013 in Suit No. AB/188/2001.

The Appellant who was Plaintiff, had commenced the action in the lower Court by Writ of Summons dated and filed on the 10/9/2001. The claims as contained in paragraph 15 of the 3rd Amended Statement of Claim dated the 12/3/2012 and filed on the 15/3/2012 are as follows:

(a) A DECLARATION that the Claimant is entitle (sic) to a Statutory Right of Occupancy in respect of ALL THAT piece or parcel of land situate, lying and being at Ifosi Olojo Village, Obantoko Area, Abeokuta and measuring approximately 773.669 Sq. Metres.

(b) N500,000.00 (Five Hundred Thousand naira) only being special and general damages for the acts of trespass committed by the defendant for going onto the land in dispute without the knowledge, consent and authority of t…

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