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ALHAJI AKANBI OLALEYE & ANOR V. JIMOH ADEJUMO & ANOR

(2004) JELR 44997 (CA)

Court of Appeal  •  CA/I/115/95  •  24 May 2004  •  Nigeria

Coram
SAKA ADEYEMI IBIYEYE JCA; VICTOR AIMEPOMO OYELEYE OMAGE JCA; OLUFUNLOLA OYELOLA ADEKEYE JCA;

Judgement

IBIYEYE, J.C.A. (Delivering the Leading Judgment): The two appeals in this case were separately initiated by notices of appeal of the 1st and 2nd defendants against the judgment of Somolu, J. of Ilaro Judicial Division of the High Court of Justice, Ogun State. The judgment which was peculiarly titled 'Ruling and judgment' was delivered in favour of the plaintiffs on the 23rd day of April, 1991.

In paragraph 20 of the amended statement of claim in which the two plaintiffs sued for themselves and Olaonipekun Adejumo family of Odan Agbara the following reliefs were sought against the two defendants:

"1. Declaration that the plaintiffs are the persons entitled to the right of occupancy of all that piece or parcel of land situate at Odan Agbara village which piece or parcel of land is shown on plan No. APAT/06/159/1987.

2a. Declaration that any notice of acquisition, and compulsory acquisition of the land in dispute under the Public Lands Acquisition Law of Ogun State, is unconstitutional…

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