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NUTAYI HUNGA DODU & ORS V. ALHAJI SHITTU ALIU & ORS

(2017) JELR 34238 (CA)

Court of Appeal  •  CA/IB/163/2011  •  11 Dec 2017  •  Nigeria

Coram
MONICA BOLNA'AN DONGBAN-MENSEM JCA; CHINWE EUGENIA IYIZOBA JCA; NONYEREM OKORONKWO JCA;

Appearances
Chief (Dr.) V. A. Odunaiya For Appellant I.O. Akinfenwa For Respondent

Judgement

MONICA BOLNAAN DONGBAN-MENSEM, J.C.A.(Delivering the Leading Judgment): This appeal challenges the decision of the High Court of Ogun State sitting at Ijebu-Ode delivered by His Lordship, Hon. Justice O. Mabekoje on the 3rd day of August, 2010.

The matter arose out of a dispute over land. The Respondents as Claimants alleged being entitled to a Statutory Right of Occupancy over the land in dispute while maintaining that the Appellants were customary tenants. The trial Court held in favour of the Respondents and against the Appellants, hence this appeal.

The Appellants in their brief of argument dated 5th February, 2014 and filed on 7th February, 2014 deemed filed on 12/02/14 submitted three issues as arising for determination as follows:-

1. Whether in the light of the Supreme Court Judgment in OKAFOR V. NWEKE (2007) ALL FWLR PT. 368, 1106 @1127 the lower Court was right in assuming jurisdiction in this matter when all the Originating Processes (i.e. the Writ of Summons and the Statement…

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