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BELLO OGUNYEMI & ANOR V. JIMOH OLOYEDE

(2008) JELR 49455 (CA)

Court of Appeal  •  CA/IL/2/2007  •  11 Mar 2008  •  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> &quot;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&#x27; 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>

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