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MR. SUNDAY FAKILEDE ELEYINMI & ORS V. CHIEF J. OLAJIDE ADEBIYI

(2015) JELR 48740 (CA)

Court of Appeal  •  CA/AK/124/2013  •  20 Mar 2015  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; MOHAMMED AMBI-USI DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal from the judgment of A. O. Odusola J. in the Akure Judicial Division of the High Court of Ondo State delivered on the 30th day of July, 2012.

The Appellants as Plaintiffs took out a writ of summons dated 6/8/2008 against the Respondents and by their statement of claim of 11/2/2009 claimed against the Respondents (Defendants) as follows

a. A Declaration that the compulsory and fraudulent acquisition by the Defendants of the plaintiffs family' land situate between Emiloro and Oda Communities bounded on the first side Erelesusi family land, on the second side by Okeiya family land, on the third side by Abe family land and on the fourth side by Atipere family land is wrongful, illegal, unconstitutional null and void.

b. A Declaration that the plaintiffs are the persons entitled to the grant of statutory rights of occupancy over all that parcel of land situate between Emiloro and Oda Communities and bounded…

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