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PA OLANUSI ADEMOSUN & ANOR v. MR. DUPE EKUN

(2017) JELR 37525 (CA)

Court of Appeal  •  CA/AK/15/12  •  4 Jul 2017  •  Nigeria

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

Judgement

MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment): This appeal arose from the decision of the High Court of Ondo State sitting at the Akure Judicial Division, delivered by W. A. Akintoroye, J. on 15th day of April, 2011.

The Appellants as Plaintiffs in the lower Court took out a writ of summons against the Respondent as Defendant on 03/04/2003. Both parties thereat severally amended, filed and exchanged pleadings; by paragraph 26 of the 2nd Further Amended Statement of Claim dated 04/08/2008, the Appellants claimed against the Respondents as follows:

1. A declaration that the Plaintiffs are the persons entitled to the statutory right of occupancy over the piece or parcel of land situate, lying and being at Orisagogoro along Ayeyemi Road, Ondo, Ondo State to the exclusion of the Defendant.

2. An order declaring null and void any purported sale or alienation of the Plaintiff's land by the Defendant under any method.

3. An order of perpetual injunction restraining the Defen…

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