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HAPPY LAND HAPPY WORLD LIMITED v. UNION BANK OF NIGERIA PLC & ORS

(2017) JELR 37330 (CA)

Court of Appeal  •  CA/L/108/15  •  3 Jul 2017  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA; ONYEKACHI AJA OTISI JCA; JOSEPH EYO EKANEM JCA;

Judgement

JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Lagos State, Lagos Judicial Division (the trial Court) delivered on 19/12/2014 in Suit No. LD/1516/2010. In the judgment the trial Court dismissed the claim of the appellant. Aggrieved by the judgment, the appellant appealed to this Court by way of a notice of appeal filed on 22/12/2014 which bears five grounds of appeal.

The facts of the case leading to the appeal are that the Lagos State Government granted to the appellant 6,834 hectares of land at Lekki Peninsula, Lagos, under a Certificate of Occupancy. The grant was reduced to 250.03 hectares. In November, 1993 a part of the land was sold to satisfy judgment debts in Suit No. LD/2406/92 and LD/2472/92. The part of the land sold was described in the certificate of returns of the Deputy Sheriff as comprising 65 hectares with the plots numbered. Attached to the certificate of return was a survey plan No. LS/D/LA444 wh…

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