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MR. ISMAILA BUSARI & ORS v. MR. ISIAKA OGUNTADE

(2016) JELR 40951 (CA)

Court of Appeal  •  CA/I/65/2013  •  21 Mar 2016  •  Nigeria

Coram
ALI ABUBAKAR BABANDI GUMEL JCA; OBIETONBARA O. DANIEL-KALIO JCA; NONYEREM OKORONKWO JCA;

Judgement

OBIETONBARA O. DANIEL-KALIO, J.C.A. (Delivering the Leading Judgment): This appeal is over a judgment in a land matter. The Respondents father according to the Amended Statement of Claim at the Lower Court bought the land in dispute from the father of the 1st and 2nd appellants (the 1st and 2nd defendants in the Lower Court) in December, 1991. To further cement his title to the purchased land, the respondent now late father, applied to the Oyo State Government for a Certificate Of Occupancy. He was advised that in order to smoothen the application process for obtaining a Certificate of occupancy, the Land Purchase Agreement would have to be backdated to either 1977 or 1978. The advice was accepted, and the land Purchase Agreement was backdated to July 17 1977. In February 2002, it was discovered that the land has been encroached upon and pillars in the land removed by unknown persons. upon enquiry about the encroachment, the 1st appellant informed the respondents attorney who was the …

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