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ALHAJI CHIEF IBRAHIM ADEDIJI V. MR. A. A. KOLADE & ANOR

(2012) JELR 35104 (CA)

Court of Appeal  •  CA/IL/M52/2008  •  23 Apr 2012  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; ITA GEORGE MBABA JCA; OBANDE F. OGBUINYA JCA;

Appearances
IWALOLA BELLO (MRS) WITH TOSIN ALAWODE ESQ. AND RASAQ DAIBU ESQ. For Appellant SIKIRU ADEWOYE ESQ. For Respondent

Judgement

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): By a Writ of Summons dated and filed on the 23rd day October, 2002, in the High Court of Justice Kwara State, in the Offa Judicial Division, Holden at Offa; the Plaintiffs (now Respondents) on behalf of themselves and Oluawo "Family of Ijagbo claimed against the Appellant (the 1st Defendant in the Court below) for the following Reliefs:

i. Declaration that the plaintiffs are entitled to a Right of Occupancy over that parcel of land, lying being and situate at Oluawo family land, Offa-Ajase Ipo Road, Ijagbo, Oyun Local Government Area.

ii. Declaration that the Customary Right of Occupancy No. OYLG/LUD/CR of 0/320 granted to the Defendant is null and void.

iii. AN Order setting aside the said Customary Right of Occupancy and ordering a rectification of the register.

iv. N100,000.00 (One Thousand Naira) damages for trespass committed by the Defendant on the said parcel of Land.

v. Perpetual injunction restraining the Defenda…

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