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JACKSON OKUNRINMETA & Ors v. BABA ALAKOSO ALLEN AGITAN

(2001) JELR 44310 (CA)

Court of Appeal  •  CA/B/244/98  •  10 Jul 2001  •  Nigeria

Coram
RAPHAEL OLUFEMI ROWLAND JCA; BABA ALKALI BA' ABA JCA; SAKA ADEYEMI IBIYEYE JCA;

Judgement

IBIYEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Ondo State High Court sitting in Okitipupa in its appellate jurisdiction dated the 5th day of November, 1997 in Suit No. HOK/1A/97 dismissing the appellant's appeal against the judgment of the Customary Court of Ondo State sitting at Arogbo-Ijaw in Suit No. AICC/67/95 and delivered on the 20th day of March, 1996.

The background of this appeal as culled from the record of appeal is that the plaintiff as respondent took action against the defendants as appellants at Arogbo-Ijaw Customary Court for the following reliefs:

"The plaintiff's claim against the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th and 9th defendants jointly and severally is for the defendants to quit from (sic) plaintiff's grandfather's parcel of farm land "Oye Farm" in Awodikuro creek.

That the defendants, their agents, privies and servants should quit immediately from the farm land "Oye Farm" land.

That the defendants are to b…

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