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ALHAJI CHIEF SIKIRU OGUNKEYE & ORS V. VENERABLE BOLARINWA

(2017) JELR 38063 (CA)

Court of Appeal  •  CA/I/175/2012  •  17 Mar 2017  •  Nigeria

Coram
MONICA BOLNA'AN DONGBAN-MENSEM JCA; MODUPE FASANMI JCA; NONYEREM OKORONKWO JCA;

Appearances
K.O. IJATUYI For Appellant DONALD NWANKWO For Respondent

Judgement

MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Oyo State High Court of Justice in Suit No. 1/988/10 delivered on the 18th of April 2012.

Briefly, Appellants filed this suit at the lower Court claiming the following reliefs:

(a) DECLARATION that the Plaintiffs are the beneficial owner and entitled to grant of right of occupancy in respect of all that parcel of land measuring approximately 400 acres situate, lying and being at Ogunkeye Village, Idi-Ahun Road, Ido Local Government Area, Ibadan, Oyo State of Nigeria.

(b) AN ORDER SETTING ASIDE AS NULLITY any purported sale of any portion of the said plaintiffs land to any of the Defendants by any other source different from the Plaintiffs family.

(c) DECLARATION that the Defendants act of entering upon different portions of the said Plaintiffs land without the knowledge, authority or consent of the Plaintiffs constitute trespass.

(d) PERPETUAL INJUNCTION restraining the Defendants, their A…

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