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OLUKAYODE AKINSANYA V. LAWRENCE MIMAIYE AJERI & ORS.

(1997) JELR 36402 (CA)

Court of Appeal  •  CA/L/31/89  •  5 Nov 1997  •  Nigeria

Coram
DAHIRU MUSDAPHER JCA; EMMANUEL OLAYINKA AYOOLA JCA; IGNATIUS CHUKWUDI PATS-ACHOLONU JCA;

Judgement

PATS-ACHOLONU, J.C.A. (Delivering the Leading Judgment): This is a case in which the parties understanding of the factual situation in respect of a disputed property is related as to how each one came into the land in the first place. In this connection, I shall set down the facts in accordance with the way they respectively described same in their pleadings. From the appellant's point of view, the land originally belonged to Oloto chieftaincy family of Lagos who later sold same to Atunrase. Atunrase tenanted some parts of the land lying at seashore to diggers of sand. In 1974, Atunrase divided the land into plots and sold them out. By a deed of conveyance made on 24/2/75 and registered as No. 94 at p.94 in Volume 1604 of the Lands Registry, Lagos, the land in dispute became vested in the plaintiff in fee simple absolute in possession. In 1981, he saw the defendants on the land and they claimed they purchased from Atunrase who of course denied it Thereupon, the plaintiff/appellant ins…

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