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ENGR. ASONIBARE V. MOGAJI FATAI ADEBAYO (For Himself And On Behalf Of Abegunde Saku Family)

(2021) JELR 109280 (CA)

Court of Appeal  •  CA/IB/36/2018  •  13 Sep 2021  •  Nigeria

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


UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The land in dispute in this matter is situate at Saku Village. It is within Ibadan Metropolis. The identity of the disputed land is well known to the parties. The Respondent, as Claimant before the High Court of Oyo State instituted proceedings against the Appellant in SUIT NO. I/679/2011: MOGAJI FATAI ADEBAYO v. ENGR. SHONIBARE. The Respondent maintained the action in a representative capacity, for himself and on behalf of the Abegunde Saku Family. The Respondent by his Amended Statement of Claim claimed the following reliefs:

1. DECLARATION that the Claimant is the beneficial owner and entitled to grant of right of occupancy in respect of all that parcel of land measuring approximately 22.001 acres known as Abegunde Saku Family land situate, lying and being at Saku village, Off New Garage-Elebu Expressway, Ibadan, Oyo State of Nigeria.

2. AN ORDER setting aside any sales transaction or Deed of Conveyance between any o…

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