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J.A.A. MAKANJUOLA & ANOR V. CHIEF J.O. AJILORE

(2000) JELR 47094 (CA)

Court of Appeal  •  CA/I/95/95  •  13 Mar 2000  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR JCA; MORONKEJI OMOTAYO ONALAJA JCA; DALHATU ADAMU JCA;

Judgement

ADAMU, J.C.A. (Delivering the Leading Judgment): On 30/5/90, the plaintiff/respondent filed his writ of summons against the two defendants/appellants at the High Court of Justice, Ilesha whereby he claimed as follows:-

"(i) Declaration that the piece or parcel of land measuring approximately 20.415 hectares situated, lying and being at Eriru along Ilesha/lfe road, Ilesha and more particularly described in a survey plan No. KARA/OY/1052/86 attached to a Certificate of Occupancy dated 12/5/87 and registered as No.49 at page 49 in volume 2742 of the register of deeds in the Lands Registry, Ibadan, forms part of Loro Chieftaincy land.

(ii) Declaration that the plaintiff as the incumbent Loro of Ilesha is the person entitled to a grant of a statutory right of occupancy in respect of the said land.

(iii) Declaration that the purported grant of the aforesaid piece of land by the 2nd defendant to the 1st defendant is null, void and of no effect whatsoever.

(iv) An order setting aside the cer…

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