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MR. TADE FALAKO & ANOR v. MR. RASIDI ONAFEKO

(2017) JELR 37936 (CA)

Court of Appeal  •  CA/IB/123/2010  •  13 Jul 2017  •  Nigeria

Coram
CHINWE EUGENIA IYIZOBA JCA; HARUNA SIMON TSAMMANI JCA; NONYEREM OKORONKWO JCA;

Judgement

NONYEREM OKORONKWO, J.C.A. (Delivering the Leading Judgment): In the case from which this appeal arose the respondent herein sued the defendants in the High Court of Ogun State at Abeokuta for the following reliefs:

(1) The plaintiff claims a declaration that a large expanse of farmland at Abeapawa having boundaries such that if one faces Imobi side at the centre of the farmland (at the Southern and Northern parts by Baba Mekun Farmland, and Ogunlana and Ayodele Amodu Farmland respectively, on the Eastern side by Abeapawa river, Elesin And Musadiku farmland and on the Western side by Bello farmland) belongs to late Papa Salami Onafeko (a.k.a Ekerin) and devolves to his children (one of which is the plaintiff)by customary right of inheritance under Yoruba Native Law and Custom and that it is not proper for the 1st Defendant to seize it and give it to his own family with or without rent.

(2) The plaintiff also claims jointly and severally both Special and General Damages of N4,500,000.00 …

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