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ABRAHAM FOLORUNSO AJAYI V. MADAM ESTHER OSUNUKU & ORS.

(2008) JELR 48878 (CA)

Court of Appeal  •  CA/L/278/96  •  1 Dec 2008  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; RAPHAEL CHIKWE AGBO JCA; REGINA OBIAGELI NWODO JCA;

Judgement

CLARA BATA OGUNBIYI, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the Lagos State High Court delivered on the 30th June, 1995 by Justice Moni Fafiade sitting at High Court No.6 Ikeja Division.

The claim of the Plaintiff/Appellant as endorsed in his writ of summons was for:-

(i) A declaration that he is entitled to the Certificate of Occupancy In respect of the piece of land and the building thereon situate at and known as 24B Olowu Street, Bariga and contained in the Deed of Conveyance dated the 28th day of February 1978 and registered as No.95 at page 95 in Volume 1687 of the Lands Registry in the office at Lagos and delineated on the Survey Plan NO.LSED12/77 attached thereto.

(ii) An account of all the rents collected from tenants in respect of the said building known as 24B, Olowu Street, Bariga, Lagos State from the 1st of January, 1979.

(iii) Perpetual injunction restraining the defendant from further parading herself as the Landlady of the s…

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