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SUNDAY OLAYORI & ORS v. ALFA USMAN LAWAL AKINDELE & ORS

(2017) JELR 38198 (CA)

Court of Appeal  •  CA/I/319/2011  •  6 Feb 2017  •  Nigeria

Coram
MODUPE FASANMI JCA; HARUNA SIMON TSAMMANI JCA; NONYEREM OKORONKWO JCA;

Judgement

NONYEREM OKORONKWO, J.C.A. (Delivering the Leading Judgment): The main issue that arose in the foregoing appeal does not relate to the ownership or title of the disputed land which was declared in the judgment of the trial Court but to the consequence of denial or challenge of the over lordship of land by a customary grantee of the land.

In the case at the lower Court, i.e. the High Court of Oyo State at Ibadan, the claimant (herein respondent) sued the defendant (herein appellant) for the following:

i. Declaration that the Claimants are entitled to the Statutory Right of Occupancy in respect of the piece/parcel of land situate, lying and being at Egan-Arin Akindele Village, off Bako Road, Ibadan.

ii. Declaration that the land, the approximate of 2,135 acres and 3647.147m sq. already sold to the 4th Claimant in respect of the said land is valid and subsisting.

iii. An Order for payment of N10,000.00 (Ten Thousand Naira Only) as damages suffered by the Claimants as a result of trespass on …

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