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IYIOLA BABATAYO & ANOR v. PASTOR SAMSON OLADIMEJI OJOLO & ANOR

(2017) JELR 37290 (CA)

Court of Appeal  •  CA/AK/106/2014  •  23 Mar 2017  •  Nigeria

Coram
UZO IFEYINWA NDUKWE-ANYANWU JCA; MOHAMMED AMBI-USI DANJUMA JCA; RIDWAN MAIWADA ABDULLAHI JCA;

Judgement

RIDWAN MAIWADA ABDULLAHI, J.C.A.(Delivering the Leading Judgment): This appeal emanated from the judgment of Hon. Justice K. M. Akano of Ilesa Division of Osun State High Court, delivered on 30th October, 2011 granting all the claims of the Plaintiffs. The Respondents were the Plaintiffs while the Appellants were the Defendants at the trial Court. The Respondents commenced the suit that culminated in this appeal vide Writ of Summons and Statement of Claim dated and filed on 26/9/2011. The Appellants filed a Memorandum of Appearance and Statement of Defence, dated and filed on 05/01/2012.

The Plaintiffs/Respondents' claim against the Defendants/Appellants are as follows:

(A) A declaration that the piece or parcel of land measuring 5,058 acres or thereabout situate, lying and being at ERE BYE PASS, IJEBU-JESA, Oriade Local Government Area of Osun State which land is more particularly delineated and shown on survey plan No. L and L/A 9108 dated 4/11/1970 is the bonafide property of the fam…

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