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MADAM ADEREMI OGUNKO & ORS v. ALHAJA AMUDA SHELLE

(2003) JELR 44929 (CA)

Court of Appeal  •  CA/L/357/2001  •  19 Jun 2003  •  Nigeria

Coram
SULEIMAN GALADIMA JCA; MUSA DATTIJO MUHAMMAD JCA; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JCA;

Judgement

SULEIMAN GALADIMA, JCA (Delivering the Leading Judgment): This is an appeal against the decision of Adeniji, J., of the Lagos State High Court in suit No. LD/262/89 delivered on the 29th day of April, 1992.

The appellants who were the plaintiffs at the lower court had claimed against the respondent as defendant, the following reliefs:

"1. A declaration that the plaintiffs are the persons entitled to possession and right of occupancy in respect of the landed property situate and lying and being at and known as No. 14 Jonah Lane, Lagos.

2. Possession of the said property.

3. An account of all rents collected from January 1963 until possession is given up."

The relevant paragraphs of the plaintiffs' pleadings filed on 20/12/89 are as follows:

"1. The plaintiffs are the descendants and Legal Administrators of the estate of late Madam Omodele, the legal owner of No. 14, Jonah Lane, Lagos. The plaintiffs shall rely on letters of Administration granted to the plaintiffs by the High Court o…

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