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FREDERICK OLUYOLE BAMGBOYE V. ABEKE OLUSOGA

(1996) JELR 33438 (SC)

Supreme Court  •  SC.214/1993  •  16 Apr 1996  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; SALIHU MODIBBO ALFA BELGORE JSC; MICHAEL EKUNDAYO OGUNDARE JSC; UTHMAN MOHAMMED JSC; SYLVESTER UMARU ONU JSC; YEKINI OLAYIWOLA ADIO JSC; ANTHONY IKECHUKWU IGUH JSC;

Judgement

BELGORE, J.S.C. (Delivering the Leading Judgment): The appellant was the plaintiff at the trial Court where his suit was dismissed and on appeal to the Court of Appeal, the decision of the trial Court was upheld. Thus he has appealed to this Court. The plaintiff's claim was for a declaration of title on a piece of land situate, lying and being at Obele Igbodo otherwise known as Papa Ajao in Mushin District of Lagos State also called Palm Avenue and described in the plan as No. AL.106.55 attached to a deed of conveyance dated 9th day of April, 1957, registered as No. 20 in Volume 196 at page 20 of Lands Registry, Ibadan. There was an alternative claim as follows:

"ALTERNATIVELY

A declaration that the plaintiff is the person entitled to the statutory right of occupancy in respect of the land described on Plan No. AL/106/55 attached to a Deed of Conveyance dated 9th day of April 1957 registered as No. 20 at Page 20 in Volume 196 of the Lands Registry, Ibadan ..

N45,000 special and genera…

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