This is an appeal against the judgment of Ajakaye J. of Ondo High Court in Suit No. HOD/23/86. In the Court below the respondents as plaintiffs sued the appellant as defendant to Court claiming the following reliefs by their writ of summons and statement of claim.
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1.
Declaration that the plaintiffs and members of their family are the persons entitled to the grant of Customary Right of Occupancy or Title under Native Law and Custom of the farmland situate and lying at Ago Ota Village near Aboda village on Ondo - Aratudin Road, Ondo Town in Ondo State. The aforesaid farmland is bounded on the East by late High Chief Adaja Akintewe village and farmland, on the South and South East by Aboda farmland and village, on the North by farmland of late High Chief Lisa Odundun (Bademosi) and on the North East by High Chief Lisa Fawehinmi Alujannu the 1st farmland, on the West by Chief Lisa Odundun (Bademosi Farmland.An order compelling the Defendants to pay to the Plaintiff the said sum of N4,500,560.00 with interest thereon at the rate of 20% per annum with effect from 28th day of October, 1983.
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2.
Forefeiture of his interest (if any) at Ago Ota
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3.
Perpetual Injunction restraining the defendant, his servants, agents and people claiming through him from going onto the land as describe above.
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Pleadings were ordered and filed by the parties. The respondents filed a Survey Plan of the land in dispute and called 7 witnesses in support of their claim. They also tendered 3 Exhibits. The appellant on his own side called 5 witnesses. After taking written addresses from counsel on both sides the learned trial Judge delivered judgment in favour of the plaintiffs, on 6th December 1991.
The defendant/appellant is dissatisfied with this judgment and has appealed against it.
