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AFRICAN PETROLEUM PLC. & ANOR. V. OTUNBA JONATHAN OLANIYAN FARAYOLA

(2009) JELR 33781 (CA)

Court of Appeal  •  CA/A/136/07  •  19 Jan 2009  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; OYEBISI FOLAYEMI OMOLEYE JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA;

Judgement

OYEBISI F. OMOLEYE, J.C.A, (Delivering the Leading Judgment): This appeal is against the judgment of Idris M.J. Evuti J., of the High Court of Niger State holden at Kontagora, delivered on 7/11/2006.

The facts of this matter briefly stated are that, the plaintiff (hereinafter referred to as the Respondent) claimed against the defendants (hereinafter referred to as the Appellants) the following reliefs:

(i) Declaration of title to the land lying and situate at Kontagora covered by Certificate of Occupancy No. NSS 1744 dated 30th December, 1979 registered as No. 137 at page 137 in volume 4, at the Lands Registry, Minna

(ii) Recovery of possession of the said parcel of land

(iii) An order of Interlocutory Injunction to restrain the 1st Defendant, its agents, privies and or servants from carrying on activities i.e. sales and or procurement of petroleum and a/lied products on the parcel of land covered by Certificate of Occupancy No, NSS 1744 pending the final determination of this suit.

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