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ALHAJI MALIK MOHAMMED v. ATTORNEY GENERAL OF LAGOS STATE & ORS

(2018) JELR 33456 (CA)

Court of Appeal  •  CA/L/889/2011  •  9 Mar 2018  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; BIOBELE ABRAHAM GEORGEWILL JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): The Appellant, as claimant, filed the suit No. LD/100/09 before the High Court of Lagos State, seeking inter alia, declaration of title to a piece of land known as 139B Abeokuta Street, Ebute Metta, Lagos against the Respondents, in the statement of claim dated 27th of January, 2009. By the time the suit was filed or commenced, the said property known as 139B Abeokuta Street, Ebute Metta, Lagos, which was adjacent to or with the property No. 139, had been demolished by the 3rd and 4th Respondents and so in the course of trial, the Appellant filed a motion 27th of January, 2010 praying for permission from the High Court for him and his estate surveyor to enter the land and carry our survey/measurement of his interest therein because of an injunction restraining the parties from the land. The 3rd Respondent opposed the motion mainly on the ground that the property described by the Appellant in the motion, was no longer in e…

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