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TIMOTHY FALOBA ABIOYE & ANOR v. ELIZABETH ALAO & ANOR

(2017) JELR 37533 (CA)

Court of Appeal  •  CA/AK/228/14  •  28 Jun 2017  •  Nigeria

Coram
MOHAMMED AMBI-USI DANJUMA JCA; OBANDE FESTUS OGBUINYA JCA; RIDWAN MAIWADA ABDULLAHI JCA;

Judgement

MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment): The appeal herein emanates from the decision of the High Court of Justice, Osun State of Nigeria in Suit No. HIF/40/2007 delivered on Monday 28th day of April, 2014. The Appellants were the Defendants, while the Respondents were the Plaintiffs thereat.

By their statement of claim as found at pages 3 to 5 of the record of Appeal, the Respondents/Plaintiffs had claimed as follows:

1. Declaration that the Plaintiffs' family is entitled to customary right of occupancy in respect of the farmland situate, lying and being at Owena Otutu village in the Ife South Local Government Area of Osun State of Nigeria bounded as follows:

1st side by Owena River.

2nd side by Okero Ademiluyi Farmland.

3rd side by (Kajola) Layode Farmland.

4th side by Jacob Obisanya/Adesanmi Farmland.

2. Perpetual injunction restraining the Defendants' their agents, privies, servants or any person claiming through them from entering, alienating or in any way de…

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