MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of an Ogun State High Court of Justice delivered on the 12th of April 2006 wherein the Court declined jurisdiction to hear the suit in respect of collection of rates and occupancy fees by the Appellant against the Respondent.
Dissatisfied with the ruling.
Appellant filed a notice of appeal dated 17th May, 2006.
The brief facts of the case are that:
Appellant in its writ of summons and paragraph 12 of the Statement of Claim claimed against the Respondent as follows:
(1) DECLARATION:
(a) That Defendant is in physical occupation of the non-urban rural area parcel of land measuring approximately 50 acres situate lying and being in the vicinity of and opposite TROPICAL PAINTS COMPANY along Iperu/Sagamu Road, Iperu and have been in such occupation prior to 30th September, 1998.
(b) That the land referred to in (a) above is within the territorial and administrative jurisdiction of the Plaintiff.
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