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OSUADE ADEYINKA AKINBADE & ANOR v. AYOADE BABATUNDE & ORS

(2017) JELR 37384 (SC)

Supreme Court  •  SC.11/2006  •  15 Dec 2017  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC; JOHN INYANG OKORO JSC; CHIMA CENTUS NWEZE JSC; EJEMBI EKO JSC;

Judgement

MUSA DATTIJO MUHAMMAD, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Ibadan Division, hereinafter referred to as the lower Court, allowing the appeal of the respondents' herein who were defendants at the Oyo State High Court. The latter Court will hereinafter be referred as the trial Court.

A brief summary of the facts that brought about the appeal is given below.

The appellants as plaintiffs at the trial Court claimed against the respondents, thereat as defendants, for:-

"(a) A declaration that the Plaintiffs who are the descendants of Akinbade are the only persons entitled to the issue of Certificate of Occupancy to all that piece or parcel of farmland situate, lying and being at Akinbade farm, Idi Mango along Idi Iroko Road, Ibadan which is more particularly delineated on Plan No. EFUN/12/OY/88 drawn by Debo Adedeji Licensed Surveyor and is thereon edged RED.

(b) Declaration that the 1st, 2nd and 3rd Defendants as tenants of the P…

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