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MTN NIGERIA COMMUNICATIONS LIMITED v. ALHAJI ABUBAKAR & ANOR

(2014) JELR 36687 (CA)

Court of Appeal  •  CA/EK/22/2011  •  31 Mar 2014  •  Nigeria

Coram
PAUL ADAMU GALINJE JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; FATIMA OMORO AKINBAMI JCA;

Judgement

FATIMA OMORO AKINBAMI, J.C.A. (Delivering the Leading Judgment): By a Writ of Summons issued on the 29th of May, 2006 the 1st Respondent suing for himself (2nd Plaintiff died in the course of the suit) and as representative of his entire Okin Onileowo family of Ise-Ekiti commenced this suit against the 1st and 2nd Respondents respectively.

In a 30 paragraph Statement of Claim, the 1st Respondent sought against the Appellant and the 2nd Respondent the following reliefs:-

(1) A DECLARATION that the Plaintiffs are the persons entitled to the grant of the statutory right of occupancy in respect of the parcel of land in dispute measuring 324 square meters and situate at Ogbon-Okin, Ise-Ekiti, Ekiti State where MTN Communications Nig. Ltd erected a base station.

(2) AN ORDER declaring null and void any purported transaction involving the Defendants in respect of the land in dispute.

(3) Twenty Million Naira (N20, 000.000) damages for the trespass committed and still being committed by the D…

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