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CHIEF OLUMUYIWA AKINBORO v. WAHABI LEMBOYE & ORS & ORS.

(2002) JELR 33665 (CA)

Court of Appeal  •  CA/I/3/89  •  7 Feb 2002  •  Nigeria

Coram
SUNDAY AKINOLA AKINTAN JCA; MORONKEJI OMOTAYO ONALAJA JCA; DALHATU ADAMU JCA;

Judgement

AKINTAN, J.C.A. (Delivering the Leading Judgment): This is an appeal from the judgment of Odunlami, J. delivered at Abeokuta High Court on 31st August, 1987 in three consolidated suits Nos. AB/104/84, AB/32/85; and AB/34/85. The present appellant was the second defendant in each of the three consolidated cases. The first sets of respondents were the plaintiffs in suit No. AB/104/84 where they sued the 1st defendant, Ogunsiji now deceased, the appellant as the 2nd defendant and the Attorney-General of the Federation as the 3rd defendant. Their claim against the defendants jointly and severally was as follows:-

"The defendants received jointly or severally on behalf of all claimants the sum of N2,801,435 from the Federal Ministry of Works Headquarters, Lands Division, for the settlement of all the claims for compensation on property acquired at the permanent site of the Federal College of Education, Osiele, Abeokuta, Ogun State.

(a) Declaration that they are entitled to a share of the …

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