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ADIO ONABIYI & ORS v. I.O.N PETROLEUM LIMITED

(2017) JELR 38236 (CA)

Court of Appeal  •  CA/L/129/2000  •  22 Mar 2017  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; JOSEPH SHAGBAOR IKYEGH JCA; UGOCHUKWU ANTHONY OGAKWU JCA;

Judgement

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The Appellants were the Plaintiffs before the High Court of Lagos State in Suit No.ID/1590/1998: ADIO ONABIYI and ORS. v. I.O.N. PETROLEUM LIMITED wherein they claimed reliefs for declaration of entitlement to statutory right of occupancy, damages and perpetual injunction in respect of parcel of land along Lagos Abeokuta Expressway, Ijaiye, Ojokoro, Lagos State. The Respondent which was the Defendant at the lower Court did not file any processes and upon the application of the Appellants for judgment in default of defence, the lower Court granted the Appellants leave to lead evidence in proof of the declaration sought. The Appellants duly adduced evidence after which the lower Court entered judgment for the Appellants on 10th December 2009.

The Appellants having obtained judgment proceeded and levied execution of the judgment on 2nd February 2000. Upon execution being levied, the Respondent on 3rd February 2000 filed a…

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