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IBADAN LOCAL GOVERNMENTS PROPERTIES COMPANY LIMITED, MR. DAUDA BUSARI & MR. RAMONI JIMOH v. MR. DAVID OKUNADE

(2004) JELR 45064 (CA)

Court of Appeal  •  CA/I/160/2002  •  5 May 2004  •  Nigeria

Coram
SAKA ADEYEMI IBIYEYE JCA; VICTOR AIMEPOMO OYELEYE OMAGE JCA; OLUFUNLOLA OYELOLA ADEKEYE JCA;

Judgement

IBIYEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal brought against the judgment of Akinola J. of the Ibadan Judicial Division of the High Court of Justice of Oyo State, delivered on the 19th day of July, 1999, in which the reliefs sought by the plaintiff against the defendants were allowed.

The reliefs sought by the plaintiff are set out in paragraph 14 of the amended statement of claim. The said reliefs which are jointly and severally against the defendants are as follows:

"1. A declaration that the action of the 1st defendant who is the successor-in-title of Ibadan Metropolitan Town Planning Authority in depriving the plaintiff a right of hearing before ordering the demolition of the plaintiff's property situate at Oke Ogbere, off Akanran Road, Ibadan, on 23/1/89 or thereabout is a violation of the plaintiff's civil rights as entrenched in the Nigerian Constitution.

2. An order for the payment of the sum of ₦162,980.00 (One hundred and sixty two thousand nine hund…

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