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OYEKUNLE MORONFOYE & ANOR V. ALFA ABDULATEEF & ORS

(2018) JELR 39316 (CA)

Court of Appeal  •  CA/IL/21/2017  •  23 Apr 2018  •  Nigeria

Coram
CHIDI NWAOMA UWA JCA; HAMMA AKAWU BARKA JCA; BOLOUKUROMO MOSES UGO JCA;

Appearances
Mrs. Oluronke Adeyemi with her, Gloria Okoduwa, Esq., Kunle Ajayi, Esq., Oluwatomi Adetula, Esq. and Oluwaseun Quadri, Esq. For Appellant Salman Jawondo, Esq. with him, Abdul Rasheed Isiaka, Esq. and AbdulRaheem Ibrahim, Esq. for 1st and 2nd Respondents.O.B. John, Esq. for 3rd Respondent. For Respondent

Judgement
<p>BOLOUKUROMO MOSES UGO, J.C.A. (Delivering the Leading Judgment): The facts of this case are not very complicated. Sometime in 2004, the father of the appellants, Prince Israel Moronfoye, died. Four years later in 2008, the appellants who had been appointed administrators of their said fathers intestate estate and had been functioning in that capacity stumbled on a Certificate of Occupancy No KW 4205 (Exhibit 1) dated 4th June 1982, issued to him by the Government of Kwara State in respect of a piece of land measuring 5511.09 square metres situate somewhere in Ilorin metropolis. Apparently believing that the land covered by the said Certificate of Occupancy is located at Abiola Badmus/Ajala Street, Off Olorunshogo Adewole Road, Ilorin where the respondents and one Mrs. Fidelia Ike already had their buildings, appellants through their solicitors, by letters dated 20th June 2011 (Exhibits 3A, B and C), notified respondents and Mrs. Ike that they were trespassers on the said land. Receivi…</p>

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