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ABRAHAM OJELEYE v. THE REGISTERED TURSTEES OF ONA IWA MIMO CHERUBIM & SERAPHIM CHURCH OF NIGERIA

(2007) JELR 44028 (CA)

Court of Appeal  •  CA/I/86/2002  •  14 Jun 2007  •  Nigeria

Coram
JOHN AFOLABI FABIYI JCA; MUSA DATTIJO MUHAMMAD JCA; AMINA ADAMU AUGIE JCA;

Judgement

M. D. MUHAMMAD, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Oyo State High Court, Coram Arasi J, delivered on the 16th day of July 1996 in suit NO.HSK/13/92. In the suit, the Respondent herein as Plaintiff claimed against the then Defendant, Appellant herein, as follows:-

(1) Declaration that the Plaintiffs are exclusively entitled to the customary Right of Occupancy in

respect of the church building and land situate, lying and being at Oke-Odo, Tede, Via Saki.

(2) Declaration that the Defendant having ceased to belong to Ona Iwa Mimo Cherubim and Seraphim Church of Nigeria and Overseas and having changed to New Ona Iwa Mimo Onimajemu C and S Church cannot continue to use the Plaintiff church situate, lying and being at Oke-Odo Tede via Saki,

(3) All order directing the Defendants to deliver lip possession of the said Church building and all other properties of Ona Iwa Mimo Cherubim and Seraphim Church to the Plaintiffs.

(4) An order for all…

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