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BOYE INDUSTRIES LIMITED & ANOR. v. ADISA SOWEMIMO

(2009) JELR 47515 (CA)

Court of Appeal  •  CA/L/406/2001  •  10 Feb 2009  •  Nigeria

Coram
ISA AYO SALAMI JCA; RAPHAEL CHIKWE AGBO JCA; REGINA OBIAGELI NWODO JCA;

Judgement

ISA AYO SALAMI, J.C.A. (OFR) (Delivering the Leading Judgment): The Plaintiffs now respondents instituted an action against the defendants, appellants herein, claiming as per their amended writ of summons and amended statement of claim as follows:-

"A declaration that the purported sale of the land in dispute to the Defendants and the subsequent purported certificate of occupancy issued to the 1st Defendant purportedly covering the land in dispute is null and void and of no effect for lack of title on the part of the 1st Defendant's vendors.

ii. A declaration that the 1st Plaintiff is entitled to the statutory right of occupancy over the land in dispute covering 1.452 hectres shown on survey plan No Kesh/L/775 A dated 7th January, 1980 opposite the International Trade Fair Complex along Badagry Express Road, Onireke, Lagos.

iii. A perpetual injunction restraining the Defendants by themselves, their agents, servants, privies and assigns from further trespassing on the land in dispute a…

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