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MR. RASAK DUROSIMI v. MR. BAMIDELE ADENIYI & ANOR

(2017) JELR 37759 (CA)

Court of Appeal  •  CA/L/416/2011  •  3 May 2017  •  Nigeria

Coram
YARGATA BYENCHIT NIMPAR JCA; BIOBELE ABRAHAM GEORGEWILL JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Lagos State High Court delivered on the 21st day of January, 2011 by HON. JUSTICE L. A. OKUNNU wherein the claim was dismissed in its entirety. The original claimant was substituted by the present Appellant in the course of the proceedings.

The Appellant took out a writ of Summons against the Respondents claiming the following:

1. A declaration that the claimant is the person entitled to the statutory Right of occupancy in respect of all the pieces of land with the building on it known as No.1 Moyo Agoro Street, Ifako and more particularly delineated on survey plan NO.LAT/1002/76 dated 28/10/76 and particularly identified on Plan NO. AD/6/2003 dated 14/4/2003 drawn by M. A. ADEOTI licensed surveyor.

2. An order of Court compelling the 1st defendant to give up possession forthwith and render account of the money collected on the 2nos 3 bedroom flats each and 8 Bedroom in the build…

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