Apena & Anor. v. Aileru & 3 Ors.

According to the respondents, their ancestors formed the Ojuwoye Community and owned a large parcel of land in Ojuwoye, Mushin, Lagos State. The land in dispute was licensed to the appellant’s grandfather for use as farmland. The licence was however terminated. The appellants on the other hand admitted that the entire land in Ojuwoye, Mushin, Lagos belongs to the Ojuwoye Community. However, the land in dispute was allotted to their progenitor by the Ojuwoye Community, and their family had been in exclusive possession since that time. The respondents instituted an action for trespass to land against the 1st appellant at the High Court of Lagos State and claimed the following reliefs: N200.00 (Two Hundred Naira) as special and general damages, an order of perpetual injunction, an order directing the 1st appellant to render full account of and pay over all rent or mesne profit collected from tenants on the land in dispute to the respondents. The respondents filed a separate but similar claim against the 2nd appellant who is the 1st appellant’s brother.

2014 10 CLRN 1
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