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MR. CYRIL ANOSIKE v. DR. BABATUNDE DINYO

(2016) JELR 41395 (CA)

Court of Appeal  •  CA/L/911/2012  •  15 Jun 2016  •  Nigeria

Coram
UZO I. NDUKWE-ANYANWU JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA; TIJJANI ABUBAKAR JCA;

Judgement

TIJJANI ABUBAKAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Lagos State High Court delivered by Obadina J, on the 6th day of December 2011. The Respondent herein who was Claimant at the Court below claimed against the defendant Appellant by his Amended statement of claim dated 25th day of March 2009 the following reliefs:

i. A Declaration that the Claimant is the rightful owner of the land in dispute and covered by Certificate of Occupancy No. 42/42/1998B otherwise known as No. 27 Hakeem Dosunmu Street, Ago-Okota.

ii. A DECLARATION that the entry of the Defendant and his workmen on the land covered by the certificate of Occupancy No.42/42/1998B is unlawful and constitutes trespass.

iii. AN ORDER commanding the Defendant, his servants, Agents/privies howsoever described to vacate the land and/or property forthwith and deliver vacant possession thereof to the claimant.

iv. AN ORDER OF PEREPETUAL INJUNCTION restraining the Defendants either by hi…

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