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MISS CHRISTIANAH EBUN FOLAMI V. JOSEPH ADEWALE OKEGE

(2007) JELR 44222 (CA)

Court of Appeal  •  CA/I/147/05  •  29 Nov 2007  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; AMINA ADAMU AUGIE JCA; CHIDI NWAOMA UWA JCA;

Judgement

M.D MUHAMMAD, J.C.A (Delivering the Leading Judgment): The Appellant in this appeal, being the Plaintiff in suit No. 1/435/2004 at the lower court, Oyo State High Court, claimed some declaratory and injunctive reliefs against the Respondent herein who was the Defendant. The action was in respect of the piece of land situate and lying near Crown Chemist Ltd building opposite Kejide Hospital Road at Challenge Ibadan. A further relief the said action was for a N1,000:00k damages for the Respondent's trespass into the land in dispute occasioned sometimes in August 2002.

Paragraphs 3, 4, 6 and 7 of Appellant's statement of claim are crucial to our understanding of the issues canvassed at the lower court and by extension of this appeal. The paragraphs are for that reason hereunder reproduced.

"(3) The Plaintiff purchased the said land in dispute from Kure Awojobi family of Isale-Osi, Ibadan with Deed of Conveyance dated 1st June, 1973 and registered as No. 18, page 18 volume 1591 which is h…

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