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MRS. OLUFUNMILAYO AKIBOYE & ANOR v. ISHOLA ADEKO

(2011) JELR 47051 (CA)

Court of Appeal  •  CA/L/403/04  •  9 Feb 2011  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; JOHN INYANG OKORO JCA; MOHAMMED AMBI-USI DANJUMA JCA;

Judgement

JOHN INYANG OKORO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Lagos State High Court in Suit No. TD/1200/94 delivered by A. O. Williams, J. on 13th February, 2004. The Appellants who were Plaintiffs at the court below, had claimed against the Respondent herein as follows: -

"(a) A declaration of title to all the portions of land known as No.55/57, Ipaja Road, and more particularly described as portion marked "B" in Survey Plan No. SW/L/1145/IB, measuring 6,747.188 sq. meters as Ebenezer Bankole Beckley's family property,

(b) A declaration that any purported sale, if any to the Defendant is null and void and of no effect whatsoever,

(c) An injunction restraining the Defendant, h is servants, agents or privies from remaining or laying claim to the said parcel of family land and;

(d) Cost".

The defendant filed a defence and counter claim to the action. At the trial, the 1st Appellant told the court that the land in dispute belongs to her haviā€¦

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