Abisoye Ataloye & Ors V. Jumoke (Nee Tapere Jegede) (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment delivered on 6th August, 2013 in the High Court of Ondo State sitting at Akure. The Appellants were the Plaintiffs in that Court. The Respondent and one other person now late were the Defendants/Counter-claimants.

The claim of the Appellants in the lower Court was for the following:

A. A declaration that the plaintiffs are entitled to the statutory right of occupancy on the land known as Fajola Eleyoowo land bounded on the top by Oke-Oge. Odofin farmland, at the right by Olojugba farmland.

B. An order of the Court setting aside layout plan in the name of Jegede Abidakun Tapere no Ak N/A.Ur..P.O/173/10 and any survey plan made by any person or group of person (sic) and/or by the defendants.

C. (N5,000,000) General damages for trespass committed against the plaintiffs’ land.

D. A Perpetual Injunction restraining the defendants, their servants, agents or privies from committing any further acts of trespass on the said piece or parcel of plaintiffs’ land,

?The Respondent on his part counterclaimed against the

1

Appellants.

Reproduced immediately hereunder is the counterclaim of the Respondent:

(1) A Declaration that the 1st defendant and members of his family are entitle (sic) to the Customary Right of Occupancy in respect of the land at Eleyoowo covered by perimeter survey plan NO OD/1748/2010/009 measuring 4.966 Hectares with an Approval Layout NO: AKW/AURPO/L/173/10

(2) AN ORDER of perpetual injunction restraining the plaintiffs, their privies, agents or any person receiving authority from them trespassing unto the Defendants land located at Eleyoowo in Akure North of Ondo State covered by perimeter survey plan NO: OD/1748/2010/009 measuring 4.966 Hectares with an Approval Layout NO: AKW//AURPO/L/173/10

(3) Cost of the suit to be assessed