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AUGUSTINE OKOYE & ANOR v. SIKIRU OKANLAWON KUTI

(2016) JELR 37084 (CA)

Court of Appeal  •  CA/L/1168/2011  •  22 Mar 2016  •  Nigeria

Coram
UZO I. NDUKWE-ANYANWU JCA; JOSEPH SHAGBAOR IKYEGH JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA;

Judgement

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal is from the decision of the High Court of Justice of Lagos State sitting at Ikeja in Ikeja Judicial Division (the Court below) whereby it entered judgment declaring the respondent as the plaintiff of the Court below as the person entitled to the statutory right of occupancy in respect of a parcel of land located at No. 10 Olayemi Street, Amuwo in Kuje Amuwo Village, Badagry Division, now Ojo Division.

It was the case of the respondent as the plaintiff at the Court below that he bought the disputed piece of land from Kuje-Amuwo family in 1974, evidenced by a Deed of Lease dated 27-5-75. The respondent had developed the piece of land by building a house up to lintel level thereon before the appellants allegedly trespassed in it in 1985.

The appellants'?? case was that they own the disputed parcel of land which is at Kuje-Amuwo Badagry facing Olayemi behind Amosu Street. 2nd appellant had employed the services of …

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