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KARIMU OLAIFA & ORS v. DAVID TANIMOMO & ORS

(2017) JELR 37526 (CA)

Court of Appeal  •  CA/AK/81/16  •  4 Jul 2017  •  Nigeria

Coram
UZO IFEYINWA NDUKWE-ANYANWU JCA; MOHAMMED AMBI-USI DANJUMA JCA; RIDWAN MAIWADA ABDULLAHI JCA;

Judgement

MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment): This appeal stems from the judgment of the High Court of Osun State sitting at the Ede Judicial Division, delivered on the 27th day of January, 2016 by Hon. Justice A. G. Onibokun.

The Appellants as Plaintiffs in the Court below took out a Writ of Summons against the Respondents as Defendants on 23/03/2009. By paragraph 21 of the Appellants Amended Statement of Claim dated and filed 07/11/2013, the Appellants claimed against the Respondents as follows:

1. A declaration that the Plaintiffs are entitled to a statutory right of occupancy on all that parcel of land lying, being and situate at Alaadota Area, Okinni, measuring about 70 Hectares and more particularly described in dispute Survey No: D5/0896/2010/LD002 of 14/10/2010 prepared by O. E. Adeleye, Registered Surveyor.

2. An order forfeiting the license to plant arable crops granted the Defendants for denying them Licensor's title.

3. An injunction restraining the Defeā€¦

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