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AGADAMA & ANOR v. OMADIDE & ORS

(2021) JELR 106992 (CA)

Court of Appeal  •  CA/AS/234/2014  •  15 Mar 2021  •  Nigeria

Coram
Mohammed Ambi-Usi Danjuma, JCA Joseph Eyo Ekanem, JCA Abimbola Osarugue Obaseki-Adejumo, JCA

Judgement

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Delta State, Effurun Judicial Division coram Justice P. O. Onajite - Kuejubola (Mrs) delivered on the 4th November, 2013.

The claim in the lower Court was as follows;

i. A Declaration that all the piece and/or parcel of land along P.T.I. Road (also known as No 1 P.T.I. Road) Enuorere Quaters, Effurun which piece and/or parcel of land consist of UWHE FAMILY COMPOUND including all the premises and appurtenances thereon is the property of the Claimants prior to promulgation of the land use Act.
ii. A Declaration that as owners in actual and constructive possession, the claimants are entitled to the statutory right of Occupancy in respect of the land described in paragraph (1) above
iii. A Declaration that the Defendant’s invasion of the land in peaceable possession of the claimant since the month of February 2008 and the construction of Four stores thereon …

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