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CaseLaw

Olaniyan V. Fatoki (2013) (2013) CLR 7(M) (SC)

Judgement delivered on July 12th 2013

Brief

  • Perverse finding – Nature of
  • Trespass and Injunction
  • Title to land
  • Urban Land – State High Court jurisdiction over
  • Section 39(1) of the Land Use Act

Facts

The Respondent, as Plaintiff at the trial Court, claimed the sum of N100, 000:00 as damages for trespass and perpetual injunction restraining the Appellants from further committing acts of trespass on the Respondent's land covered by a deed of conveyance, situate at Ofatedo area of Osun State. The Appellants also counter-claimed for the sum of N57, 000.00 for trespass and injunction to restrain the Plaintiff in respect of the land in dispute.

The trial Court heard the parties and gave judgment in favour of the Plaintiff/Respondent while the Counter-Claim of the Defendants/Appellants was dismissed. The Defendants appealed to the Court of Appeal which dismissed same.

The Defendants have decided to further appeal to this Court.

Issues

  • 1
    Whether the Court of Appeal was right to hold that the land in dispute is..
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