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DR. JOSEPH ADEYEMI - BERO V. MR. MOBOLAJI BABATUNDE OMOTOSHO & ORS

(2008) JELR 49424 (CA)

Court of Appeal  •  CA/L/462/06  •  17 Jul 2008  •  Nigeria

Coram
PAUL ADAMU GALINJE JCA; HUSSEIN MUKHTAR JCA; ADAMU JAURO JCA;

Appearances
M. A Agbamuch with A.J. Balogun, Mrs For Appellant A.O. Nweke For Respondent

Judgement
<p>HUSSEIN MUKHTAR, J.C.A (Delivered the Leading Judgment): The appellant who was the claimant in the court below sought for and obtained an order for recovery of possession of a piece of land situate at Ogombo town opposite Asoko village in Eti-Osa Local Government Area of Lagos State (hereinafter referred to as &quot;the land&quot;).</p><p> The suit filed by the claimant was initiated by an originating summons against &#x27;&#x27;unknown persons,&quot; After satisfying the lower court that the unknown persons had been duly served with the initiating and other relevant court processes, the court indulged the appellant&#x27;s counsel to argue the case for the claimants in default of the defendants&#x27; appearance, after which it adjourned the matter for judgment. On the 9th May 2003 the lower court (Coram Candide-Johnson, J) delivered its judgment wherein it gave possession of the land to the appellant, and the judgment was executed about a month thereafter by giving possession of the land to the claimant/appellant (hereinafter…</p>

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