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ROBERT & ORS.
V.
OLALEYE & ORS.

(2010) JELR 47759 (CA)

Court of Appeal 18 Jan 2010 Nigeria
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Suit Number:CA/L/216/2005
Judges:BODE RHODES-VIVOUR Justice of The Court of Appeal of Nigeria PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria
Counsel:Mr. Adebayo Oyagbola For Appellant Mr. Kola Gbenga Baiyewu For Respondent

PAUL ADAMU GALINJE, J.C.A. (Delivering the Leading Judgment): The claims of the Respondents herein, who were the Plaintiffs at the Lagos State High Court (henceforth to be referred to as the lower Court or the Court below) as endorsed at paragraph 52 of their Amended Statement of Claim dated and filed on the 3rd of July, 1999 at the lower Court are as follows:-

"(i) A declaration that the plaintiffs are entitled to a right of occupancy whether statutory or customary, pursuant to the land use Decree/Edict 1978, for all that portion of land situate at Lagos-Badagry Express Way bounded on the north by plaintiff's village, in the south by Akinyeye Palmgroove, on the east by toil (sic) gate and beyond, on the west by Oko-Afo/plaintiff's village, more particularly shown and described by survey plan No. LSAT/037/99, verged red, drawn by W. Adeniyi, licensed Surveyor.

(ii) The sum of N50,000.00 being damages for trespass to the said land and;

(iii) Injunction restraining the Defendants, their…

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