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EXPLO-TEC NIG. LTD. & ANOR v. CHIEF FRANCIS AGBEBAKUN OBANLA & ORS

(2017) JELR 37878 (CA)

Court of Appeal  •  CA/AK/247/2013  •  22 May 2017  •  Nigeria

Coram
UZO IFEYINWA NDUKWE-ANYANWU JCA; OBANDE FESTUS OGBUINYA JCA; RIDWAN MAIWADA ABDULLAHI JCA;

Judgement

UZO IFEYINWA NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Ondo State High Court, Ifon Judicial Division delivered by Justice S. A. Bola on 2nd August, 2013.

By an Amended Writ of Summons together with an Amended Statement of claim filed on 27th September, 2011, the Claimants now Respondents claimed as follows:-

"1. A DECLARATION that the Plaintiffs are entitled to the Statutory Right of Occupancy of the land lying, being and situated along Oriohin/Omialafa, Ago Obanla, Owo-Ifon Expressway, Ifon, a place within the jurisdiction of this Honourable Court.

2. A DECLARATION that the purported lease agreement between the Defendants in respect of some portions of the said land is void, null and of no any legal effect."

The Defendants now Appellants filed their Statement of Defence on 28th June, 2011 to the action.

The Respondents thereafter filed their Reply to the Statement of Defence on 17th November, 2011.

At the close of pleadings the …

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