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CHIEF ADEFIOYE ADEDEJI V. J. OMONIYI OLOSO CHIEF BABAT`UNJI OLOWOFOYEKU

(2001) JELR 51796 (CA)

Court of Appeal  •  CA/I/88/97  •  3 Apr 2001  •  Nigeria

Coram
FRANCIS FEDODE TABAI, JCA OLUFUNLOLA OYELOLA ADEKEYE, JCA

Appearances
Mr. A. Ogunkola - for the Appellant. -*- Mr. H. B. Abian - for the Respondents B

Judgement

AKINTAN, JCA (Delivering the Lead Judgment): This appeal is from the judgment of Ademakinwa, J. delivered at Ilesha High Court in Osun

State on June 26, 1996 in Suit No. HIL/44/88. The appellant, Chief Adefioye

Adedeji, was the plaintiff at the lower court while the two respondents were the defendants. The plaintiff’s claim as set out in paragraph 28 of the plaintiff’s amended statement of claim is as follows: A declaration that the Risawe of Ilesa by virtue of his office under Ijesa native law and custom and by the provisions of the Chiefs Law of Oyo State is the only person entitled to a statutory right of occupancy in respect of all the land situate within his palace or official residence called Akodi at Isida/Ereja Quarters, Ilesa. A declaration that the rooms occupied as shops by the defendants at B. 18, Ereja Quarters, Ilesa are situate within Risawe Chieftaincy palace (Akodi), Isida, Ilesa. Forfeiture of the 2nd defendant’s right of user, licence or tenancy conferred under nati…

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