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ALALADE & ORS. v. PRESIDENT OF THE OTA GRADE 1 CUSTOMARY COURT & ORS

(2021) JELR 109609 (CA)

Court of Appeal  •  CA/IB/M.164/2016  •  13 Sep 2021  •  Nigeria

Coram
Onyekachi Aja Otisi, JCA Ugochukwu Anthony Ogakwu, JCA Folasade Ayodeji Ojo, JCA

Judgement

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): The Appellants lodged this appeal against the decision of the High Court of Justice, Ogun State sitting at Ota Judicial Division Coram S.M. Owodunni, J., delivered on 1/12/2015, in which the preliminary objection of the Respondents to the application of the Appellants for judicial review was upheld.

The facts leading to this appeal are as follows: At the Ota Grade 1 Customary Court of Ogun State, the trial Customary Court, the Respondents as plaintiffs, sought against the Appellants, jointly and severally, a declaration of ownership and possession to a large expanse of farm land measuring approximately 7 acres of land situate at Ketu Adie-Owe, Lusada, Alapoti Road, in Ado-Odo/Ota Local Government Area of Ogun State, which the Respondents claimed belonged to them by inheritance from their late father, Mr. Fagbohun Maiki, but which Appellants were alleged to have trespassed and encroached upon illegally by tampering, selling,…

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