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OLUWOLE OLAWOLU & ANOR v. MR. BANJI ASEMA

(2018) JELR 38412 (CA)

Court of Appeal  •  CA/AK/35/2016  •  27 Mar 2018  •  Nigeria

Coram
UZO IFEYINWA NDUKWE-ANYANWU JCA; OBANDE FESTUS OGBUINYA JCA; RIDWAN MAIWADA ABDULLAHI JCA;

Judgement

RIDWAN MAIWADA ABDULLAHI, J.C.A. (Delivering the Leading judgment): This is an appeal against the judgment of the High Court of Justice of Ondo State, sitting at Owo Judicial Division delivered by Hon. Justice N. S. Adeyanju on 2nd day of December, 2015.

The appellants as claimants took out a writ of summons against the Respondent as Defendant counter-claimant on 10/3/2014.

By paragraph 26 of their statement of claim, the appellant as claimant in the Court below:

i. A declaration that the claimants family is entitled to a Customary Right Of Occupancy of the Land lying and being at Igbegun Road whose bounderies are described above.

ii. A declaration that the Defendants family is claimants family customary tenant.

iii. An order forfeiting the interest of the Defendants family over the land in dispute and for the claimants family to enter same.

iv. A perpetual order restraining the Defendants its agents and assigns from further entering and or claiming the land in dispute.

On the other hand, by…

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