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MRS. CLARA OLUJOBADE & ANOR V. HIGH CHIEF JIDE OLALUSI & ORS

(2011) JELR 41421 (CA)

Court of Appeal  •  CA/B/82/2008  •  1 Dec 2011  •  Nigeria

Coram
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA; CHINWE EUGENIA IYIZOBA JCA; MOORE A.A. ADUMEIN JCA;

Appearances
PRINCE A. A. OJOPAGOGO with GIDEON OKPARA, ESQ. For Appellant F. OMOTOSHO, ESQ. with MISS O. EDREMODA For Respondent

Judgement

MOORE A.A. ADUMEIN, J.C.A (Delivering the Leading Judgment): In Suit No. AK/157/2004 filed on the 2nd day of July, 2004 in the High Court of Ondo State, Akure Division, the respondents who were the plaintiffs sought in their statement of claim of 28 paragraphs the following relief against the appellants, who were the defendants:

"1. A DECLARATION that the Plaintiffs are the persons entitled to the grant of the Statutory Right of Occupancy over all that vast parcel of measuring 99.514 hectares and known as Atanlae Family land lying, situate and being at Igbojaro, Off Ilesa Road Akure and as further confirmed by the judgment of this Honorable Court in suit No. AK6/89 delivered on 15/2/96.

2. A DECLARATION that the false claim of ownership and purported exercise of rights of possession by the Defendants over a part of all that vast parcel of land known as Atanlae family land, lying, situate and being at Igbojaro Off Ilesa Road Akure, constitute acts of trespass and invasion of the propri…

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