BELLO OGUNYEMI & ANOR V. JIMOH OLOYEDE
(2008) JELR 49455 (CA)
Court of Appeal
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CA/IL/2/2007
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11 Mar 2008
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Nigeria
Coram
HELEN MORONKEJI OGUNWUMIJU JCA;
JUMMAI HANNATU SANKEY JCA;
IGNATIUS IGWE AGUBE JCA;
Appearances
TOYIN PINHEIRO For Appellant
Respondent was served on 18/12/2007 but not represented. For Respondent
Judgement
<p>HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivered the Leading Judgment): This is an appeal against the ruling of Hon. Justice M. A. Agbelusi of the Ido-Ekiti High Court Ekiti State delivered on 7th June 2006.</p><p> The facts that led to this appeal are as follows:</p><p> The Plaintiff now Respondent filed a writ of summons on 16/3/06 at the High Court and made the following claims:</p><p> "1. DECLARATION that the Plaintiff is entitled to Certificate of Customary Right of Occupancy to that property A house (bungalow of 6 rooms) with the boys quarters of 4 rooms and appurtenances attached thereto situate, lying and being at NO.4 Isalu Street Osan-Ekiti in Moba Local Government of Ekiti State.</p><p> The house is bounded as follows:</p><p> (a) First side Otun/Ora road </p><p> (b) Mr. Adeleke</p><p> (c) Oke Imole road/Mr. Ogunkayo Adeyemi and</p><p> (d) Fourth side Olayemi</p><p> 2. FORFEITURE of Defendants' right to continue to occupy the 3 rooms granted to them rent free in the above house.</p><p> 3. N100,000.00 for trespass</p><p> 4. N500,000.00 special damages fo…</p>