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ENOCH ATUNDAOLU & ORS V. THE REGISTERED TRUSTEES OF ONA IWA MIMO CHERUBIM AND SERAPHIM CHURCH OF NIGERIA AND OVERSEAS

(2011) JELR 37647 (CA)

Court of Appeal  •  CA/I/244/08  •  30 Mar 2011  •  Nigeria

Coram
STANLEY SHENKO ALAGOA JCA; SIDI DAUDA BAGE JCA; JOSEPH SHAGBAOR IKYEGH JCA;

Judgement

STANLEY SHENKO ALAGOA, J.C.A. (Delivering the Leading Judgment): By paragraph 20 of their Further Amended Statement of claim dated the 20th February, 2006 at pages 13 and 14 of the Record of Appeal, the Respondents as Plaintiffs claimed against the Appellants as Defendants at the High Court Oyo in the Oyo Judicial Division as follows:-

(i)Declaration that the Plaintiffs are exclusively entitled to statutory Right of occupancy in respect of a piece or parcel of land together with the church building thereon situate, lying and being at Oke-Igbagbo, Ipapo, Oyo State of Nigeria which piece or parcel of land is bound on the 1st side by Iseyin/Ipapo road, on the second side by Oko-Amu/Ipapo foot path, on the third side by Ayeidara river and on the fourth side by Baba Okinlado House or hotel which land is more clearly described in property survey plan No Jos/196/199 of 23rd April, 1997.

(ii) An order of perpetual injunction restraining the Defendants by themselves, their agents, servants, pr…

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