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MRS. OYINDAMOLA KASUNMU & ORS V. PRINCE DAVID AKINTOLA ADEPEGBA

(2010) JELR 47524 (CA)

Court of Appeal  •  CA/L/39/04  •  28 Jan 2010  •  Nigeria

Coram
MONICA B. DONGBAN-MENSEM JCA; BODE RHODES-VIVOUR JCA; HUSSEIN MUKHTAR JCA;

Judgement

HON. JUSTICE MONICA. B. DONGBAN-MENSEM J.C.A. (Delivering the Leading Judgment): This appeal challenges the decision of the High Court of Lagos Coram Oduneye J. delivered on the 6th June, 2003. The Judgment is reproduced at pages 125-138 of the Record for this appeal.

The Respondent, who was the Plaintiff, and shall hereafter be referred to as the Respondent, commenced the suit by a writ of summons. The writ which was dated 5th August, 1998 sought the following reliefs:

(1) The Plaintiffs' claim jointly and severally is for a Declaration that the Plaintiffs are the persons jointly and severally entitled to the grant of Statutory Right of Occupancy in respect of that parcel of land situate, lying and being at Ajegunle Ilo, Ajegunle Village along Abeokuta Express Road, Lagos, which said parcel of land is part of a larger area of land on a plan attached to a Deed of conveyance dated 17th day of June, 1915 and registered as No. 127 at page 418 in volume 90 of the Register of Deeds kept at…

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