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MR. JOSHUA BENARD FUMUDOH V. MR. EMEKA IKE THE LAGOS STATE GOVERNMENT THEATTORNEY-GENERALOF LAGOS STATE LAGOS STATE REGISTRAR OF TITLES

(2017) JELR 57192 (CA)

Court of Appeal  •  CA/L/561M/12  •  28 Apr 2017  •  Nigeria

Coram


Appearances
Ekundayo (A. Osanyalusi and A. Sanya) - For the -*- appellant . -*- S. Hanja - For the 1st Respondent. -*- 2nd - 4th Respondents not represented.

Judgement

GARBA JCA (Delivering the Lead Judgment): In a judgment delivered on 5 May 2011, in the appellant’s suit No. ID/13/2015, the High Court ofLagos State had dismissed his claim of ownership and title to the piece of land lying at 313, Risi Laguda Close, off Metropolitan College Road, Ire Akari Estate, Isolo, Lagos State and granted the 1st respondent’s counter-claim in respect of a piece of land measuring 927.757 square metres at the same address. A The case of the appellant was that he bought the piece of land he claimed from one Michael Akah-Obi Oloto sometime in 1975 and also paid the original owners, the Okota Family in 1982 and allowed the 1st respondent’s father; one Nicholas Ike to stay on it to guard against trespassers. Later, he and the 1st respondent’s father entered into an agreement in 1991 and he (appellant) erected a wall around the land he bought and put a gate to it. That the 1st respondent’s father did not challenge his ownership of the land until in September 2004 wh…

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