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DR. TOSIN AJAYI V. OBA JOHN OJOMO & ORS

(2000) JELR 44133 (CA)

Court of Appeal  •  CA/L/142/98  •  4 Jul 2000  •  Nigeria

Coram
ATINUKE OMOBONIKE IGE JCA; SULEIMAN GALADIMA JCA; AMIRU SANUSI JCA;

Judgement

GALADIMA, J.C.A. (Delivering the Leading Judgment): The plaintiff (herein after referred to as the respondent) commenced an action against the defendants including the present appellant in the High Court of Lagos (Coram Martins J.) for the following reliefs:

1. "A declaration that (1) the acquisition and/or (2) the revocation of his right of occupancy by Lagos State Government of his land at Opebi Village, Ikeja, covered by his registered deed of conveyance dated 7th July, 1977 and registered as No. 94 page 94 volume 1635, Lagos State is a nullity in so far, as it relates to the plaintiff's land.

2. An order for immediate possession of the land subject-matter of the plaintiff's deed of conveyance.

3. Mesne profit in the sum of N2,000,000 per annum with effect from 1st January, 1996 until possession is yielded up".

The 3rd defendant (hereinafter referred to as the "appellant" filed his statement of defence, while the 1st and 2nd defendants did not.

At the trial respondent called fou…

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