Chief Ajayi Olowoye Alejo Awe & Ors V. Olajide Akinlolu Ademehinti & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of Hon. Justice C. E. T. Ajama of the High Court of Justice, Ondo State sitting at the Akure Judicial Division, delivered on 25th of March, 2013.

The respondents herein who were plaintiffs at the Lower Court commenced this action against the defendants/appellants by a writ of summons dated and filed 07/06/2010 and a statement of claim dated 02/06/2010. The plaintiffs filed an Amended Statement of Claim dated 01/09/2011 and filed 27/09/2011 claiming jointly and severally against the defendants for the following reliefs:

a. A DECLARATION that the plaintiffs are entitled to the grant of Certificate of Statutory Right or Occupancy over the piece or parcel of farm land lying, situate and being at Ona-Ule Ilere Akure South Local Government which parcel of farmland is otherwise known and called Odo-Igbodudu, Oko-Okuta near Omolegan land, Oko-Okuta Alahere and Oko Aarin which farmland is bounded on the North by late Bayo Omolegan farmland, South by Umojo stream East by Omolegan farmland and late Ayodele Alejoawe farmland, west by Ona-Ule (Road) and at

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Oke-Ehinkunle I, Oke-Ehinkunle II bounded on the North by Ibukun Agbakarin Cocoa farmland, South by one Ona Odo Oko, West by Ona-Ule, East by Omolegan/Late Oyedele Cocoa farmlands.

b. N250,000 damages for trespass.

c. N100,000,000 damages for assault/injuries committed on the person of 1st plaintiff.

PARTICULARS OF INJURIES

(i) Bruises over the back

(ii) Tenderness over the right hip

(iii) Fractures of the right clavicle close to the acromioclavicular joint.

PARTICULARS OF DAMAGES

a. Inability to use the right leg effectively (leaping).