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JOHN FAKUNLE V. MRS. GRACE OKE

(2008) JELR 46866 (CA)

Court of Appeal  •  CA/IL/30/2006  •  21 Jul 2008  •  Nigeria

Coram
SOTONYE DENTON WEST JCA; IGNATIUS IGWE AGUBE JCA; CENTUS CHIMA NWEZE JCA;

Judgement

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): Before His Lordship J.O. Adeyeye J. of the High Court of Ekiti State Holden at Emure Ekiti in the Emure/lse Judicial Division the Plaintiff took out a writ of summons against the Defendant and in both the writ and her statement of claim sought for the following Reliefs:-

(a) A declaration that the Plaintiff is entitled to the customary right of occupancy in respect of the piece of land lying and situate at Owode Camp, Emure Ekiti which land is bounded as follows:-

i. On the first side by Asemolegun's land;

ii. On the second side by Agbelese's land'

iii. On the third side by Opani Ogunro stream; and

iv. On the fourth side by Emure/Supare Road.

(b) An order directing the defendant, his agents, privies, servants and such other persons claiming through him or for him to vacate the land in dispute forthwith and restraining the defendant from entering onto or trespassing in any form on the land in dispute.

(c) The sum of N1,000,…

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