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GOVERNMENT OF KWARA STATE ATTORNEY-GENERAL OF KWARA STATE PERMANENT SECRETARY, MINISTRY OF LAND AND HOUSING V. IREPODUN BLOCK MANUFACTURING LIMITED ALHAJI JIMOH ADIGUN ALHAJI TOYIN OTTAN

(2014) JELR 57764 (CA)

Court of Appeal  •  CA/IL/53/2010  •  27 Feb 2014  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA (Presided) ISAIAH OLUFEMI AKEJU JCA UCHECHUKWU ONYEMENAM JCA (Read the Lead Judgment)

Judgement

ONYEMENAM JCA (Delivering the Lead Judgment): The judgment appealed against was delivered on 31 July 2009 by the High Court of Kwara State, sitting at Ilorin. In the judgment, the learned trial judge granted the respondents all the reliefs they sought.

The respondents took out a writ of summons filed on 28 February 2008 and claimed against the appellants as follows:

“A declaration that the 1st claimant is the bonafide holder of Certificate of Occupancy No. KWS 4807, issued by the Kwara State Government in 1991. 2. Cancellation of the purported letter or notice of revocation (if any), particularly a letter captioned revocation of statutory right/certificate of occupancy dated 14 February 2007 3. A declaration forbidding the defendants, their agents or privies from allocating the land in dispute to any person or body whatsoever while the claimants Certificate of Occupancy No. KWS 4807 still subsist. 4 Perpetual injunction restraining the defendants by themselves, their servants, agents …

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