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ADETUJOYE ADEKUOROYE (For Himself And On Behalf Of All The Children Of Adebiyi Adekuoroye Ondo) V. SEGUN AKINBOHUN (A.K.A. JIGAN) (For Himself And On Behalf Of The Children Of Joachin Akinbohun Of On do)

(2022) JELR 109336 (CA)

Court of Appeal  •  CA/AK/22/2018  •  10 Feb 2022  •  Nigeria

Coram
Rita Nosakhare Pemu, JCA Hamma Akawu Barka, JCA Yusuf Alhaji Bashir, JCA

Judgement

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Ondo State High Court, Ondo Judicial Division delivered on the 23rd of October 2017 in Suit No. HOD/108/2016.

SYNOPSIS OF FACTS

The Appellant had, as Claimant in the lower Court vide Writ of Summons and Statement of Claim filed on the 27th of October 2016, claimed against the Respondent (Defendant at the lower Court) viz:

i. A declaration that the Claimant is entitled to the Certificate of Customary Right of Occupancy over the land in dispute, situate, lying and being at Oke-Opa in Ondo East Local Government, Ondo State with the following boundaries:

a. On the first side bounded by Teremoniwon farmland.

b. On the second side, bounded by Aigo.

c. On the third side, bounded by Ihori.

d. On the fourth side, bounded by Awaye

ii. An Order of perpetual injunction restraining the Defendant, his unknown agents, servants, privies and any other person, claiming through him, from further trespass…

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