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CHIEF AMODU AKANBI & ORS V. ATTORNEY-GENERAL OF THE FEDERATION & ORS

(2017) JELR 37589 (CA)

Court of Appeal  •  CA/AK/80/2015  •  4 Jul 2017  •  Nigeria

Coram
UZO IFEYINWA NDUKWE-ANYANWU JCA; MOHAMMED AMBI-USI DANJUMA JCA; OBANDE FESTUS OGBUINYA JCA;

Judgement

OBANDE FESTUS OGBUINYA, J.C.A. (Delivering the Leading Judgment): This appeal is an offshoot of the decision of the Federal High Court, sitting at Osogbo (hereunder called "the lower Court"), coram judice: Babs O. Kuewumi, J., in suit No: FHC/OS/CS/48/2011, delivered on 17th February, 2015. Before the lower Court, the appellants and the respondents were the respective plaintiffs and defendants.

The facts of the case, which transformed into the appeal, submit to brevity and easy appreciation. The appellants alleged that some time ago, the Federal Military Government of Nigeria, purportedly, acquired their large expanse of land, lying and being between Kelebe area and Omu stream in Osogbo and Olorunda Local Government Area in Osun State. There was no notice of acquisition of the land in dispute served on the appellants. The land in dispute belonged to the appellants by inheritance under native law and custom and they exercised acts of possession and ownership thereon. Subsequently, the r…

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