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ALHAJI ALIMI OLAJIRE OBISESAN & ORS v. CHIEF NIYI AKINTOLA & ORS

(2014) JELR 36286 (CA)

Court of Appeal  •  CA/I/29/2010  •  4 Jul 2014  •  Nigeria

Coram
ALI ABUBAKAR BABANDI GUMEL JCA; HARUNA SIMON TSAMMANI JCA; OBIETONBARA DANIEL-KALIO JCA;

Judgement

ALI ABUBAKAR BABANDI GUMEL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Oyo State High Court in suit No. 1/986/2000 delivered by Abimbola, J. on 3rd February, 2009.

The within named Appellants were the claimants at the Court below.

In a representative action on behalf of themselves and other members of Aperin Obisesan Family they sought for the following reliefs against the 2 sets of Respondents herein, as Defendants. The reliefs were, according to paragraph 73 of the amended statement of claim and survey plan dated 14/01/2003 but filed on 21-01-2003, thus:-

"(i) A declaration of title to a Customary Right of Occupancy over all that large parcel of farmland situate on Araromi-Aperin road in the Osun/Erinpa area of OnaAra Local Government area in the non-urban area Ibadan as shown verged Red on survey plan No. LAY/0003/2000 attached and filed with the statement of claim.

(ii) A declaration that the 1st defendant representing Oyetola family is acc…

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