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(2019) LPELR-47528(CA)

In The Court of Appeal of Nigeria

On Wednesday, the 15th day of May, 2019


Before Their Lordships

TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria

UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria

JAMILU YAMMAMA TUKUR Justice of The Court of Appeal of Nigeria


MR. ADEYEMI ABIONA - Appellant(s)


EMILOYE FALAYE - Respondent(s)

Other Citations

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This appeal borders on Civil Procedure.
This appeal is against the decision of the High Court of Lagos State in SUIT NO. IKD/107/2009: MR. EMILOYE FALAYE vs. MR. ADEYEMI ABIONA delivered on 4th February 2013. 

The dispute in the action is in respect of a piece of land situate at Eruwen Ona, off Obafemi Awolowo Road, Ikorodu. The Respondent, as Claimant before the High Court claimed the following reliefs against the Appellant:
"(1) A declaration that the plaintiff is entitled to the statutory right of occupancy of the parcel of land located at Eruwen Ona, Off Obafemi awolowo, Road, Ikorodu, covered by survey plan No. YG/LA/0785/565 of 31st day of December 2001.
(2) The sum of N2,480, 000 as special and general damages against the defendant.
(3) An order of perpetual injunction restraining the defendant, his agents, servants, privies or any other person or persons claiming through or by him from further trespassing on the parcel of land belonging to the claimant."

The parties filed and exchanged pleadings and the matter was subjected to a plenary trial at which testimonial and documentary evidence was adduced. The High Court entered judgment in favour of the Respondent.

Dissatisfied with the judgment of the High Court, the appellant appealed to the Court of Appeal.

The Court of Appeal determined the appeal on a sole issue which is:
"Whether on the preponderance of evidence or balance of probability the lower Court rightly held that the Respondent  proved his case and was entitled to the reliefs claimed."

In conclusion, the Court of appeal found the appeal to be lacking in merit and consequently dismissed same.

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