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MR. EBENZER OLADIMEJI ADETULA v. MR. PHILIP OLUSOLA AKINYOSOYE & ORS

(2017) JELR 38165 (CA)

Court of Appeal  •  CA/AK/191/2014  •  18 Jan 2017  •  Nigeria

Coram
MOHAMMED AMBI-USI DANJUMA JCA; OBANDE FESTUS OGBUINYA JCA; RIDWAN MAIWADA ABDULLAHI JCA;

Judgement

OBANDE FESTUS OGBUINYA, J.C.A. (Delivering the Leading Judgment): This appeal queries the rightness of the decision of the High Court of Ondo State, sitting at Ondo (hereinafter called "the lower Court"), coram judice: Adesola Sadiq, J., in Suit No. HOD/59/2008, delivered on 27th May, 2014. Before the lower Court, the appellant and the respondents were the defendant and the plaintiffs respectively.

The facts of the case, which gave birth to the appeal, are submissive to easy appreciation. Many years ago, the Oloka family of Ondo Town gave a large tract of land situate at both sides of the new Ondo/Ore Road, Ondo, Ondo West Local Government Area, to respondents great grandfather: late Pa Oluyole Famakinwa. The Oloka family, also, granted the disputed land, lying and being at Awoyaya off Ondo/Ore Road, Ondo, Ondo West Local Government Area of Ondo State, personally to the respondents' father: late High Chief M. G. Akinyosoye. The respondents inherited the disputed land on the demise of t…

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