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ALHAJI MURITALA ADISA AJIKANLE & ORS v. MOHAMMED YUSUF

(2007) JELR 33833 (CA)

Court of Appeal  •  CA/I/85/2001  •  8 Mar 2007  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; AMINA ADAMU AUGIE JCA; ALFRED PEARSON EYEWUMI AWALA JCA;

Judgement

M. D. MUHAMMAD, J.C.A. (Delivering the Leading Judgment): This judgment is in respect of the appeal and cross appeal filed against the decision of Ogun State High Court delivered on 21st February, 2000 in Suit No. HCT/174/96 dismissing the action of the plaintiffs as well as the counter-claim of the defendant therein.

The plaintiffs are the appellants before us following their notice of appeal dated 4th May, 2000 as amended while the defendant at the lower court is presently the cross-appellant vide his notice of appeal dated 15th May, 2000.

The facts of the case that brought about both appeals are as hereunder supplied.

The Plaintiffs for themselves and on behalf of the descendants' of the Bello family of Ogunlowo claimed against the defendant as follows:

"(i) Declaration that the landed property in dispute (and all fixtures thereon) located along Akula Road, Ogun State is their inherited property;

(ii) That the Defendant is a squatter and trespasser on that family land;

(iii) An ord…

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