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SURAJU OKULAJA & ORS v. EZEKIEL ADETUNJI ODUBANJO

(2017) JELR 38223 (CA)

Court of Appeal  •  CA/L/165/15  •  24 Feb 2017  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; TIJJANI ABUBAKAR JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Lagos High Court, Ikorodu Division. (Coram F. O Atilade J) delivered on the 19th September 2014, in favour of the Respondent herein.

The Defendant/Appellant being dissatisfied filed a notice of Appeal on 10th December, 2014.

The fact of this case is that the Claimant (Respondent) filed an action via Writ of Summons and Statement of Claim dated 22nd January, 2009 against the defendant/Appellant herein for:-

(a) Declaration that the claimant is the person entitled to the statutory right of occupancy over the parcel of land measuring approximately 11.692 hectares only i.e. 180 plots of land, lying being and situate at Agura village, Ikorodu in the Ikorodu Local Government area of Lagos and covered with survey plan No. LAKS/LA/92/32 drawn by O.K. Oluokun (Registered Surveyor) and dated 20th August 1992.

(b) N5 million naira only as damages for trespass against the Defendants

(c) An order …

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