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MAJOR I. O. OJO (Substituted for Chief Joseph Lode by an order of the court made on the 24th October, 2000 V. J. O. ADELEKE JOHN KOLO DAVID OLUFEMI KOLAWOLE (Registered Trustees of the United Missionary Church of Africa)

(2001) JELR 52639 (CA)

Court of Appeal  •  CA/I/95/93  •  26 Jun 2001  •  Nigeria

Coram
MORONKEJI OMOTAYO ONALAJA, JCA (Presided) DALHATU ADAMU, JCA (Read the Lead Judgment) FRANCIS FEDODE TABAI, JCA

Judgement

ADAMU, JCA (Delivering the Lead Judgment): The appellant in this appeal was the defendant at the High Court of Osun State, Ilesha in the suit instituted by the respondents herein as plaintiffs, claiming as follows: “(i) Declaration that the 1st defendant as one of the grantors of parcel of land covered by survey plan No. ED283/79 on behalf of the Irojo Community , Ilesha cannot derogate the said grant, which land is covered by Certificate of Statutory Right of Occupancy dated 2/3/82 and registered as No. 36/36/243 of the Lands Registry in the office at Ibadan. (ii) Injunction restraining all the defendants , their servants, agents and privies from going to the said land to commit any act of trespass either by erecting thereon or farming thereon.”

(See paragraph 23 of the statement of claim at page 6 of the record. ) The defendant/appellant (hereinafter called “the appellant”) filed his statement of defence and counter-claimed for a declaration that he is the person enti…

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