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FESTUS KEYAMO V. PETER FOLORUNSO OLUFEWA TUMININU FOLORUNSO TEMINI BOLUTIFE FOLORUNSO (SUING BY NEXT FRIEND PETER FOLORUNSO) BADEN-MOYET NIGERIA LTD

(2010) JELR 52732 (CA)

Court of Appeal  •  CA/L/673/05  •  17 Dec 2010  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA (Presided) ADZIRA GANA MSHELIA JCA (Read the Lead Judgment) HUSSEIN MUKHTAR JCA

Judgement

MSHELIA JCA (Delivering the Lead Judgment): The appellant (as plaintiff in the court below) by a writ of summons and an amended statement of claim dated 17 November 2003 claimed against the 1st respondent, the following reliefs:

“1. A declaration that the plaintiff is entitled to the statutory right of occupancy in respect of all that piece or parcel of land with appurtenances (comprising, among others, two flats known as Block 200, Flats 2 and 4, Lagos State Development and Properties Corporation, Medium Income Housing Estate, Ijaiye-Ogba, Agege, Lagos State) measuring approximately 477.775 square metres x2, more particularly delineated and edged red in a Survey Plan No. LAKS/LA/97/0935 made by O.K. Oluokun, registered surveyor, and bounded by survey Pillars No. LSAA3355, LSAA3354, LSAA3353, CPL and CP2 and filed along with the statement of claim. Possession of the premises comprising all that piece or parcel of land, with appurtenances (comprising among others, two Flats 2 and 4, L…

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