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RACHAELYEWANDE ADESHINA V. BAC ELECTRICAL COMPANY LTD COMMISSIONER FOR LANDS & HOUSING, KWARA STATE

(2006) JELR 55023 (CA)

Court of Appeal  •  CA/IL/46/2006  •  13 Dec 2006  •  Nigeria

Coram
M.S. MUNTAKA-COOMASSIE JCA (Presided and Read the Lead Judgment) HELEN MORONKEJI OGUNWUMIJU JCA IGNATIUS IGWE AGUBE JCA

Appearances
David Oyeogunyemi Esq. - for the Appellant. -*- J.A. Bamigboye Esq. holdingbrief of P.A.O. Olorunsola SAN - for the 1st -*- Respondent. F -*- J. A. Mumuni Esq. DPP, Kwara State - for the 2nd Respondent.

Judgement

MUNTAKA-COOMASSIE JCA (Delivering the Lead Judgment): This is an appeal in land matters against the decision of the High Court ofJustice, Ilorin, coram Adebara J, delivered on the 2nd day of May, 2006. The plaintiff’s claim as contained in his statement of claim dated 24/10/ 2002 against the defendants are as follows:- “5. The plaintiff avers that in early 1981, the Kwara State Government acquired all plots of land either developed or undeveloped in the area.

The plaintiff avers that her land has been fenced and was incorporated into government layout as plot No. 6B, Block 16 TPO 158A.

The plaintiff applied for right of occupancy in 1984 which was granted and issued right of occupancy No. KW 5110, dated 14th November, 1984, the plaintiff hereby plead the said right of occupancy and shall be relied upon at the trial. 9. The plaintiff was away in May 1990 when she was involved in an accident at Ketu Lagos, Lagos State.

The plaintiff avers that she was surprised when she visited her site …

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