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SIMBIATU AGBOKE & ANOR. V. JIMOH IGBIRA & ANOR.

(1997) JELR 45416 (CA)

Court of Appeal  •  CA/I/217/91  •  28 Apr 1997  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR JCA; MURITALA AREMU OKUNOLA JCA; DALHATU ADAMU JCA;

Judgement

OKUNOLA, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the judgment of the Ogun State High Court holden at Abeokuta presided over by Oduntan J. dated 16/2/89 'whereby the plaintiffs' claims were dismissed in all its entirety.

The facts of this case briefly put were as follows:-

The appellants herein as plaintiffs took out a Writ of Summons against the respondents herein as defendants seeking the following interlocutory and injunctive reliefs viz:

(a) For a declaration that the purported sale of the land in dispute shown on Plan No. ALS/OG214C/84 dated 28/5/84 by the second defendant to the first defendant is void.

(b) For a declaration that the plaintiffs and the second defendant are jointly entitled to a right of occupancy in respect of the said piece of land (4.686 hectares) situate at Ntabe Village in Ijoko Town, Ogun State shown on plan NO. LAY/315/88/0G.

(c) Trespass against the first defendant for illegal occupation of the said land.

(d) Damages of N500.00…

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