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MR. SAMUEL OLANIYI ATOYEBI v. MR. AZEEZ A. AIYEDUN & ANOR

(2018) JELR 38342 (CA)

Court of Appeal  •  CA/IL/68/17  •  18 May 2018  •  Nigeria

Coram
CHIDI NWAOMA UWA JCA; HAMMA AKAWU BARKA JCA; BOLOUKUROMO MOSES UGO JCA;

Judgement

CHIDI NWAOMA UWA, J.C.A.(Delivering the Leading Judgment): The appeal is against the judgment of the Kwara State High Court delivered on 21st November, 2016 presided over by A.A. Adebara, J, in which the appellants claims were dismissed in their entirety.

The appellant as claimant at the trial Court, claimed against the respondents (as defendants) jointly and severally as follows:

1. A declaration that the purported sale of the Claimants property situate at Hussein Adeniyi Close, Off Unity Road, Ilorin covered by the certificate of occupancy No. KW 3673 by the fraudulent procurement of the execution of a deed of assignment to favour the 2nd Defendant fraudulently procured by fraud, deceit, undue influence and pressure exerted on the Claimant by the 1st Defendant which is followed by the unlawful forceful taking over of possession of the said property by the 2nd Defendant is invalid by reason of said fraud, as well as fraud on the face of the Deed of Assignment and deception, undue influ…

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