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ISIAK O. MOYOSORE V. THE GOVERNOR OF KWARA STATE & ORS

(2011) JELR 49219 (CA)

Court of Appeal  •  CA/IL/M.12/2007  •  3 Nov 2011  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA; JOSEPH SHAGBAOR IKYEGH JCA; ITA GEORGE MBABA JCA;

Judgement
<p>ITA G. MBABA J.C.A. (Delivering the leading : ): This is an appeal against the decision of Hon Justice M.O. Adewara of Kwara State High court in suit No. KWS/68/2006, arising from an interlocutory application (a preliminary objection) raised by the Defendants on the competence of the suit.</p><p> The Ruling of the lower Court was delivered on 31/7/06. The main suit before the lower Court, as per the writ of summons dated 15/5/2006, was for:</p><p> (i) A declaration that the claimant is entitled to the right of occupancy in respect of all that piece and parcel of land, situate and lying at plot 22, Abdul Road, GRA Ilorin, Kwara State, covered by Certificate of Occupancy No. KW503, dated 6th June 1991 and more particularly delineated and described in survey Number L.P. 12 dated 3rd February, 1971.</p><p> (ii) A declaration that the purported revocation of the claimant's right of occupancy in the said land is unconstitutional, null and void, and of no effect whatsoever.</p><p> (iii) An order setting aside theā€¦</p>

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