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MR. ALBERT OGUNNIYI & ORS V. DR. JAMES BABATUNDE ADEYEMI

(2018) JELR 39255 (CA)

Court of Appeal  •  CA/IL/110/2016  •  11 May 2018  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; HAMMA AKAWU BARKA JCA; BOLOUKUROMO MOSES UGO JCA;

Appearances
Akin Akintoye, Esq. with him, Josiah Adebayo, Esq.,Femi Olorunfemi, Esq.,Nicholas Okedayo, Esq.,O. A. Akintoye, Esq. and Fayokemi Oladele, Esq. For Appellant Oladoyin Awoyale, Esq. with him,Babajide Omokore, Esq. andM. M. Alawonla, Esq. For Respondent

Judgement
<p>MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the Judgment of Hon. Justice Mahmud ABDULGAFAR in the Ilorin Judicial Division of the High Court of Kwara State delivered on 22nd December, 2014.</p><p>The Respondent as Claimant by a Writ of Summons and Statement of Claim dated 22/01/2013 claimed against the Appellants as Defendants jointly and severally in Paragraph 43 of the Statement of Claim as follows:-</p><p>1. A DECLARATION that the Claimant is the owner of the land covered by the agreements dated 25th February, 1977 and 23rd April 1977 respectively properly delineated and described in Survey Plan No. SOS/KW87/164 by Surveyor Samson Ozi Sanni a licensed Surveyor dated the 11th day of March, 1988 situate at Olunlade Village off Ajase-Ipo Road, Ilorin.</p><p>2. A DECLARATION that the 1st Defendant is not entitled to the possession of the Land described in Paragraph 43(1) above.</p><p>3. A DECLARATION that the Defendants committed an act of trespass on the Claimant&#x27;s…</p>

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