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MR. IBRAHIM OGINNI ADEPOJU & ORS v. MRS. IDOWU FAMOROTI (NEE ONIYA) & ORS

(2016) JELR 41484 (CA)

Court of Appeal  •  CA/AK/102/2014  •  22 Jul 2016  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; MOHAMMED AMBI-USI DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment delivered on 3rd April, 2014 in the High Court of Ondo State holden at Akure. The Appellants in that Court were the Defendants. Their counterclaim was struck out on 21st November 2012 having been withdrawn.

The Respondents who were the Plaintiffs in the lower Court claimed for the following:

a. A DECLARATION that the claimant's family is the traditional and undisputed owner of the large parcel of farmland at Oke Oko, Emure village, Akure bounded by Filani Orimoloye's farmland near Ogidan River, Abusoro farmland, Olomi Peter's farmland and Ojomu Alade's family farmland thereby entitling them to the customary right of occupancy in respect thereof.

b. AN ORDER to render account of the number of plots sold on the claimants' family farmland at Oke-Oko, Emure village and the cost of each plot of land sold therein.

c. AN ORDER of perpetual injunction restraining defendants, their servants, priviā€¦

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