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MONDAY OGUNBIYI & ORS V. SAMUEL BALOGUN & ORS

(2017) JELR 34326 (CA)

Court of Appeal  •  CA/AK/122/2014  •  18 May 2017  •  Nigeria

Coram
UZO IFEYINWA NDUKWE-ANYANWU JCA; MOHAMMED AMBI-USI DANJUMA JCA; OBANDE FESTUS OGBUINYA JCA;

Appearances
Oluwasesan Dada, Esq. For Appellant J. O. A. Ajakaiye, Esq. the first and second respondents/cross-appellant.No representation for the third respondent. For Respondent

Judgement

OBANDE FESTUS OGBUINYA, J.C.A. (Delivering the Leading Judgment): This appeal stemmed from the decision of the High Court of Ondo State, sitting at Ikare (hereinafter called "the Lower Court"), coram judice: N. S. Adeyanju, J., in Suit No.HIK/30/2002, delivered on 25th March, 2014. Before the Lower Court, the appellants and the respondents were the respective plaintiffs and defendants.

The facts of the case, which transformed into the appeal, are amenable to brevity and easy appreciation. The land in dispute is litigation - friendly. This is one of such cases the Courts have been inundated with over its ownership. The appellants, nomadic formers, asserted that between 1957-1960, the Igbede people, which included the Odoso family, represented by the first and second respondents, granted absolutely to them different plots of land variously located within a large tract of land lying and being along Ikare-Owo Road, Ikare, Akoko. The appellants thanked them and took possession of same. Subs…

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