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ISAAC OLADELE OGUNYEMI V. FISAYO ABIOLA & ORS.

(2011) JELR 33403 (CA)

Court of Appeal  •  CA/I/294/2008  •  28 Nov 2011  •  Nigeria

Coram
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA; CHINWE EUGENIA IYIZOBA JCA; MOORE A. A. ADUMEIN JCA;

Judgement

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Osun State, holden at Ilesa sitting in its appellate jurisdiction delivered on 12/7/06 dismissing the appeal filed by the appellant against the decision of the Grade C Customary Court, Epe in the Atakumosa West Local Government Area of Osun - State on 6/5/99.

The appellant sought the following relief before the Customary Court:

1. Declaration that the Plaintiffs Family, Ogunyemi Family of Oke-Ogbe are owners and therefore entitled to a grant of Customary Rights of Occupancy in respect of the farmlands situate, lying and being at Oke-Ogbe via Ibodi in Atakunmosa West Local Government Area of Osun State which said farmland measures about 250 acres. It is bounded as follows:

(a) On the first side by Daramola of Ile Oke Farmland;

(b) On the second side by Sadiku of Ibodi's Farmland;

(c) On the third side by Eriperi Stream and;

(d) On the fourth s…

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