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OMAC OILS NIGERIA LIMITED & ORS v. ELDER SAMSON OLUSHOLA EGBADEYI & ANOR

(2014) JELR 36321 (CA)

Court of Appeal  •  CA/L/735M/2009  •  9 Dec 2014  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; TIJJANI ABUBAKAR JCA; YARGATA BYENCHIT NIMPAR JCA;

Judgement

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): The appellants were defendants before the trial court in the suit commenced by the Respondents before the Lagos State High Court presided over by HON. JUSTICE ADEFOPE - OKOJIE (as he then was) wherein the court granted the reliefs sought by the Respondents and dismissed the counterclaim in a judgment delivered on the 30th April, 2009.

Aggrieved with the judgment the Appellants filed a Notice of Appeal on 6 grounds of appeal.

The brief facts of the appeal are that the Respondent instituted a suit against the appellants seeking the following reliefs:

(a) "A declaration that the Plaintiffs are entitled to statutory rights of occupancy of the parcel of land situated at Onilekere Street, Agege, Agege Local Government Area Lagos State covered by WAT/LA/159/92 dated the 14th day of August, 1992 drawn by W. T. ADENIJI, a licensed surveyor.

(b) An order of perpetual injunction restraining the defendants whether by themselves, t…

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