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CAKASA NIGERIA COMPANY LIMITED & ANOR v. MRS FELICIA OMONIKE AINA & ANOR

(2016) JELR 36732 (CA)

Court of Appeal  •  CA/L/543/2015  •  21 Dec 2016  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of B. A. OKE-LAWAL, J., of Lagos State High Court delivered on 19th June, 2013 in suit ID/1366/09.The 1st Respondent commenced the suit by way of Writ of Summons against the Appellants and 2nd Respondent as Defendants respectively for the following reliefs:

1. "A declaration that the Claimant is the one entitled to the grant of Certificate of Occupancy over the piece of land measuring Area (A) 1339.631 sq metres and (B) 2675..693 sq metres municipally situate at Ogundairo Bashorun Sunmonu Akanwo Village, Near Isolo State (sic).

2. An order of the Honourable Court putting the Claimant in exclusive possession of the piece of land measuring Area (A) 1339.631sq and (B) 2675.693 sq metres municipally situate at Ogundairo Bashorun State, having legally, exclusively and indisputably purchased same from the Defendants.

3. N30, 000,000.00 as special and general damages for trespass …

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