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ISIAK . O. MOYOSORE V. MR. SULYMAN KAYODE YUSUF HAJIANIMATA SULYMAN OBAWANKASI HAJIAFARIDA YUSUF S. K. & SONS PETROLEUM NIG. LTD CONVENANTSUITESAND HOTELS SERVICE LTD OTHERS WHOSE NAMES ARE NOT KNOWN TO THE CLAIMANT

(2015) JELR 54279 (CA)

Court of Appeal  •  CA/IL/68/2013  •  20 Mar 2015  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA (Presided) CHIDI NWAOMA UWA JCA MUSA HASSAN ALKALI JCA ( Read the Lead Judgment)

Appearances
A.S. Moyosore - for the Appellant. -*- Joseph S. Bamigboye - for the 1st and 4th Respondents. Da vid Oye Ogunyemi Esq. - for the 2nd and 5th Respondents. B

Judgement
<p><strong> ALKALI JCA (Delivering the Lead Judgment): </strong> This is an appeal against the ruling of the High Court of Justice Ilorin, Kwara State in suit No. KWS/193/2012 which was delivered by Hon.Justice H.O. Ajayi on 14 March 2013. On 6 July 2012, the appellant took out an originating summons against the respondents pursuant to Order 53, rule 2 of the Kwara State High Court (Civil procedure) Rules, 2005. The originating summons was supported by a 13- paragraphed affidavit and three exhibits marked exhibits A,and C. Exhibit “A” is a copy of the Certificate of Occupancy covering the property sought to be recovered. Exhibit “B” is the certified true copy of the enrolled order of the High Court Coram M.A. Akoja Judge, while exhibit “C” is the letter written to the respondents requesting them to vacate the premises. (See pages 3-22 of the record). The relief sought by the claimant in the originating summons is for an order of the court for possession by directing the respondents and all other occupant…</p>

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