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ROTIMI WILMAT OLUBEKO v. MR. PAUL ABAYOMI AWOLAJA & ANOR

(2017) JELR 38269 (CA)

Court of Appeal  •  CA/L/361/2012  •  15 Feb 2017  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; YARGATA BYENCHIT NIMPAR JCA; UGOCHUKWU ANTHONY OGAKWU JCA;

Judgement

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Lagos State High Court delivered on the 20th October, 2011 by HON. JUSTICE B. A. OKE-LAWAL wherein the claims of the Respondents as per items 1, 2, 3 and 4 were granted as prayed and the Court dismissed the counterclaim of the Appellant (1st Defendant at the lower Court). Aggrieved by the decision, the Appellant filed an amended Notice of Appeal dated 18th March, 2015 and filed on the 19th March, 2015 but deemed on the 18th October, 2016 setting out 7 grounds of appeal.

The Respondents took out a writ of summons before the lower Court seeking the following reliefs:

1. A declaration that the right and/or interest in the property known as Block 42 Plot 19 Lekki Residential Scheme, Lagos measuring 864,098sq.m rests in the claimants by the virtue of Lagos State Certificate of Occupancy registered as No 68 at page 68 in volume 1989 at the Lands Registry Alausa, Ikeja granted to Mrs. …

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