Lateef Tiamiyu (Substituted for Tiamiyu Akanmu (Deceased) V. Lasisi Emiola Olaogun (for Himself and on Behalf of Olaogun Family) (2008)

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CHIDI NWAOMA UWA, J.C.A.

The Respondent as plaintiff, in his amended statement of claim claimed against the defendant as follows:

“(1) Declaration that the plaintiffs are entitled to the Statutory or Customary Right of Occupancy in respect of all that piece or parcel of land situate, lying and being at Ode’s compound.- Olupoyi Street, Corner Tapa, Alagogo Area, Ibadan, bounded on the four sides as follows:-

On the first side by Ganiyu Aboderin’s land;

On the second side by Abioye’s land;

On the third side by Lasisi Eniola Olaogun’s land;

On the fourth side by Adekunle Akere’s land.

(2) The sum of ONE THOUSAND NAIRA (N1,000.00) being damages for trespass committed by the Defendant at the said Plaintiffs’ land, situate, lying and being at Ode’s compound, Olupoyi Street, Corner Tapa, Alagolo Area, Ibadan bounded on the far sides as follows:-

On the first side by Ganiyu Aboderin’s land;

On the second side by Abioye’s land;

On the third side by Lasisi Eniola Olaogun’s land;

On the fourth side by Adekunle Akere’s land.”

(3) Perpetual injunction restraining the defendant, his servants, agents and privies from further acts of trespass on the plaintiffs’ said land or from further entry thereon or interference with the plaintiffs’ rights of ownership and possession thereof”

In answer to the above claim, the defendant filed his statement of defence and counter claimed as follows:-