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MALLAM YUSUF OLAGUNJU (HEAD OF OJOMU - DOYIN FAMILY) V. CHIEF E. O. ADESOYE & ATTORNEY-GENERAL AND COMMISSIONER FOR JUSTICE, KWARA STATE

(2003) JELR 53514 (CA)

Court of Appeal  •  CA/IL/20/2002  •  22 Jan 2003  •  Nigeria

Coram
MURITALA AREMU OKUNOLA, JCA PATRICK IBE AMAIZU, JCA WALTER S. NKANU ONNOGHEN, JCA

Judgement

ONNOGHEN, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Justice of Kwara State, sitting at Ilorin, delivered by Hon. Justice T. A. Oyeyipo, Chief Judge, on 9th May, 2002, in a consolidated suit Nos. KWS/OF/19/94 and KWS/OF/21/94. In suit No. KWS/OF/19/94, the 1st respondent as plaintiff claimed against the appellant and 2nd respondent as follows:

“A. A declaration that the certificate of occupancy No. KW5676 dated 4/8/86 registered as No. 247 at page 247 in volume XVI at the land registry, Ilorin and subsequently extended by certificate of occupancy No. KW5676 and registered as 230 at page 230 in volume XVII was validly issued.

B. A declaration that the plaintiff is entitled to the grant of certificate of occupancy No. KW5676 and entitled to quiet enjoyment.

C. A declaration that the plaintiff having paid all the holders compensation for improvement and economic trees is entitled to undisturbed possession. AND

D. Perpetual injunction re…

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