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A. OLADOSU BAMIKOLE V. IDOWU OLADELE ALABA OLADELE

(2010) JELR 53262 (CA)

Court of Appeal  •  CA/I/118/2009  •  20 May 2010  •  Nigeria

Coram
CHIDI NWAOMA UWA JCA MODUPE FASANMI JCA

Judgement

KEKERE-EKUN JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Osun State, sitting at Osogbo, delivered on 9 December 1996, granting a declaration of title, A damages and injunction in favour of the plaintiff/respondent against the defendants. The appellant was the 1st defendant at the court below. He was dissatisfied with the judgment and filed a notice of appeal containing fourgrounds of appeal. The original plaintiff,Christopher Oladele died during the pendency of the suit at the lower court. He was substituted by the present respondents. The brief facts of the case as may be discerned from the record of proceedings are as follows: It was the plaintiff’s case that he and a friend of his, late Ezekiel Owolabi purchased separate but adjoining plots of land from the 2nd defendant, Rev. Timothy A. Fakunle on 14 June 1975. Agreements were prepared in respect of both sales. The plaintiff’s land was surveyed and a survey plan produced. Someti…

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