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ADAMU ERINLE & ORS v. ALHAJI BUSARI ALUKO & ORS

(2013) JELR 35348 (CA)

Court of Appeal  •  CA/I/245/2010  •  1 Nov 2013  •  Nigeria

Coram
CHIDI NWAOMA UWA JCA; HARUNA SIMON TSAMMANI JCA; OBIETONBARA DANIEL-KALIO JCA;

Judgement

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Ogun State High Court of Justice, Agbara Judicial Division delivered on the 16th day of June, 2010. The matter was begun at the Ota Judicial Division but with the transfer of the trial judge to Agbara Judicial Division, the Chief Judge of Ogun State granted fiat to the Judge to conclude the matter. The matter was accordingly heard and determined at the Agbara Judicial Division of the Ogun State High Court of Justice.

At the trial High court (lower court) the Appellants were the plaintiffs, while the Respondents were the Defendants. As Plaintiffs, the Appellants had instituted this action against the Respondents as defendants seeking for the following reliefs as per paragraph 49 of the Amended Statement of Claim.

(a) A declaration that the Plaintiffs' family are the persons entitled to a grant of statutory right of occupancy over and in respect of the parcel of land lying, being …

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