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ISAMOTU A. ASHIRU v. ADETOUN OLUKOYA

(2006) JELR 33466 (SC)

Supreme Court  •  SC.356/2001  •  12 May 2006  •  Nigeria

Coram
SYLVESTER UMARU ONU JSC; AKINTOLA OLUFEMI EJIWUNMI JSC; DAHIRU MUSDAPHER JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; IKECHI FRANCIS OGBUAGU JSC;

Judgement

ONU, JSC (Delivering the Leading Judgment): The appeal herein emanates from a land dispute. It is against the judgment of the Court of Appeal (hereinafter referred to as the court below) which affirmed the decision of the Ibadan High Court. The respondent herein was the plaintiff at the said High Court while the appellant was defendant. As between these two parties a dispute arose when the defendant sought to commence building on the land and found the plaintiff's agent and lessee in possession. A fracas ensued with the result that both parties (who in the rest of this Judgment I shall refer to as plaintiff and defendant simpliciter respectively) ended up at the Police Station.

Following that incident the plaintiff instituted this suit. In her Amended statement of claim, the plaintiff claimed for declaration of title to land as follows:

1. A declaration that the plaintiff is the person entitled to a grant to statutory right of occupancy to the piece of land situate at Sumbare Layout I…

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