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SUNDAY AJAYI & ANOR v. JOSEPH OLASUPO OGUNWALE & ORS

(2014) JELR 36283 (CA)

Court of Appeal  •  CA/AK/104/12  •  28 Nov 2014  •  Nigeria

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

Judgement

JAMES SHEHU ABIRIYI, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Osun State delivered on the 8th April 2011 in suit No: HOS /9/2003.

The Respondents as Plaintiffs in that Court instituted the suit against the Appellants as Defendants claiming for the following:

1. A declaration that the Plaintiffs are entitled to Statutory Right of Occupancy in respect ALL THAT piece or parcel of land measuring approximately 982.299 square metres with all the building thereon situate, lying and being at Abodua's compound, Along Mackay Street Opposite All Saint Primary School, Osogbo in Olorunda Local Government Area of Osun State covered by Survey No OSS/0338/200/113 dated 28/7/2001 drawn and signed by G. O. O. Popoola (Licensed Surveyor).

2. An order directing the Defendants to render full account of all rents collected by the Defendants from the Tenants occupying the 5 rooms and 4 shops in the two buildings on part of the said piece or parcel …

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