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ALHAJA SILIFATU AKINLADE & ORS v. CHIEF FATAI BOLAJI OSENI

(2017) JELR 41907 (CA)

Court of Appeal  •  CA/L/353/2012  •  14 Sep 2017  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; MUHAMMED LAWAL SHUAIBU JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): The Plaintiff who is now the Respondent in this Appeal commenced an action against the Appellants who were Defendants at the Lagos State High Court of Justice, sitting at the Lagos Judicial Division, claiming declaration of title, damages and injunction in respect of the property situate between Nos. 100 and 104, Clegg Street, Surulere, Lagos. In response, the Defendants filed a statement of defence and counter-claimed for declaration of title, damages for trespass and injunction. The case of the Respondent was that he bought the parcel of land in dispute from one Lasisi Salami Afisi who had a registered power of attorney on behalf of the Salami Afisi family in 1977 by virtue of a deed of conveyance and that he took immediate possession of the property at the time. The Appellants however, based their claim on a purchase by their father M.S. Akinlade in 1927 from Kasumu Adesokan and Mustapha Afisi the administrators of …

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