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SALISU BADA IRAWO-OSAN & ANOR. V. CHIEF J. O. FOLARIN

(2007) JELR 33850 (CA)

Court of Appeal  •  CA/I/170/2002  •  10 Jul 2007  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; AMINA ADAMU AUGIE JCA; ALFRED PEARSON EYEWUMI AWALA JCA;

Judgement

AUGIE, J.C.A (Delivering the Leading Judgment): The Appellants as Plaintiffs instituted an action at the High Court, Abeokuta, Ogun State, wherein they claimed - a Declaration that they are the Customary Owners and are entitled to a Statutory Right of Occupancy of the two plots of land situate and being at Ganiyu Lamina Street, Pejuola, Idi Aba, Abeokuta";

Perpetual Injunction; and N50,000.00 as damages for trespass Committed. The Appellants traced their ownership of the land in dispute to Pa Amodu Ejalonibu, who had only one daughter - Madam Rukuyat, and they averred as follows in paragraph 7 - 9 of their Statement of Claim dated 24th March 1998-

7. Upon the death of Pa Amodu Ejalonibu, the ownership of the large expanse of land - - including the two plots passed to Madam Rukayatu -

8. Madam Rukayatu Ejalonibu on her first marriage, married Pa Bosobo of Ikopa Village and begat John Bosobo.

9. Madam Rukayatu later divorced Pa 8osobo and married Pa Koleoso of Bada Compound, Isale Itokā€¦

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