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MRS. C. IHEKWOABA V. MRS. G. A. OYEDEJI

(2013) JELR 52246 (CA)

Court of Appeal  •  CA/I/185/2007  •  1 Feb 2013  •  Nigeria

Coram
M. B. DONGBAN-MENSEM JCA CHIDI NWAOMA UWA JCA JOSEPH SHAGBAOR IKYEGH JCA

Appearances
Akeem Agbaje, Esq. (with him, Adeola Awojobi, Esq.) for the Appellant/Cross-Respondent. Adeyinka Adeyemi, Esq for the Respondent/Cross-Appellant.

Judgement

UWA JCA(Read the Lead Judgment): This appeal is against the decision of the Oyo State High Court, presided over by Ariwoola, JCA (as he then was) sitting at Ibadan, delivered on 25 August 2005.

The plaintiff in the trial court by his further amended statement of claim dated 8 March 2001, claimed against the defendant as follows:

“a. N500,000.00 (five hundred thousand naira) as arrears of rent on the plaintiff’s property situate, lying and being at N6/587 Mokola, Ibadan.

b. Possession of the said property.

c. Return of the plaintiff’s deed of conveyance registered as No. 55 at page 55 in volume 799 in the lands registry of Oyo State, Ministry of Lands.

d. N50, 000. 00 (fifty thousand naira) per annum from 1 August 1997 until possession is delivered.”

While the then defendant (now appellant) also counterclaimed against the plaintiff and claimed for the following reliefs in his further amended statement of defence and counterclaim:

“(1) A declaration to a statutory right of occupancy to…

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