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ALHAJI KASUMU ADEFAKA v. SAMUEL IFE FAPOHUNDA & ORS

(2017) JELR 37545 (CA)

Court of Appeal  •  CA/AK/38/2011  •  23 Jun 2017  •  Nigeria

Coram
UZO IFEYINWA NDUKWE-ANYANWU JCA; MOHAMMED AMBI-USI DANJUMA JCA; RIDWAN MAIWADA ABDULLAHI JCA;

Judgement

RIDWAN MAIWADA ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the judgment of Hon. Justice O. Akintan Osadebay of Akure Judicial Division of Ondo State High Court, delivered on 23/6/2010 dismissing the claims of the Plaintiff/Appellant in its entirety but granted the counterclaim of the Defendant/Respondents. The Appellant commenced the suit that culminated in this appeal vide a Writ of Summons dated and filed on 30/12/2005 and Statement of Claim dated 28/2/2006 and filed on 2/3/2006. The Appellant as Plaintiff claimed against the Respondents as follows:

1. DECLARATION that the Plaintiff is the person currently entitled to the Statutory Right of Occupancy over the landed property known as and reputed to be 39c Isolo Street, Akure, which was registered as No 15/15/541 in the Akure Lands Registry in favour of the plaintiff on 24/4/92 and that the purported subsequent Deeds of Assignments registered on 26/8/96 as Nos. 3/3/686 and 28/28/707 on 21/6/2000 resp…

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