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JULIUS AKINGBADE AFESOJAIYE v. RACHEAL AFESOJAYE & ANOR

(2015) JELR 47215 (CA)

Court of Appeal  •  CA/AK/7/2014  •  11 Feb 2015  •  Nigeria

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

Judgement

MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering The Leading Judgment): This is an appeal against the judgment of the High Court Of Ondo State delivered by Hon. Justice C. E. T. AJAMA on 24th October, 2013 at the Akure Judicial Division.

The appellant herein, who was plaintiff at the trial court, instituted an action by a writ of summons dated 9th June, 2010 against the respondents/defendants therein claiming by a statement of claim dated 9th June, 2010 a declaration to title, injunction and damages for trespass in the following terms:

(a) A declaration that the plaintiff is person entitled to the occupation, possession and rights to that property situate, being Off Akure Ilesha Road, Okuta- Elerinla, Akure, the subject matter of this suit (now known as No 7A Kayode Street, Lafe Area, Akure) and more particularly described in the survey plan No AK/1514/OD dated 28th February, 1978 drawn by D. O. Akigbogun and also on the basis of the Certificate of Occupancy dated 7th June, 1982 and regiā€¦

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