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PRINCE OJO ADEBAYO & ANOR v. CHIEF IMAM OLURIMISI

(2017) JELR 37534 (CA)

Court of Appeal  •  CA/AK/4/2014  •  22 Jun 2017  •  Nigeria

Coram
UZO IFEYINWA NDUKWE-ANYANWU JCA; MOHAMMED AMBI-USI DANJUMA JCA; OBANDE FESTUS OGBUINYA JCA;

Judgement

OBANDE FESTUS OGBUINYA, J.C.A. (Delivering the Leading Judgment): This appeal queries the correctness of the decision of the High Court of Ondo State, sitting at Ondo (hereinafter referred to as "the lower Court"), coram judice: O. O. Akeredolu, J., in Suit No. HOR/21/2005, delivered on 6th August, 2013. The appellants and the defendant were the respective plaintiffs and defendant in the lower Court.

The facts of the case, which metamorphosed into the appeal, are submissive to brevity and easy appreciation. The land in dispute is situate, lying and being on both sides of Ondo/Ore Road, Ore, in Odigbo Local Government Area of Ondo State. The appellants asserted that their paternal great grand-mother, Madam Ogunbi, in her life time, purchased a vast tract of land, which includes the land in dispute, lying on both sides of Ondo/Ore Road stretching to Ore/Shagamu and Ore/Benin Expressway, from the Orunsero family for valuable consideration. On purchase of it, Madam Ogunbi took possession b…

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