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MALOT OMOKOYA & ORS v. HOSEA OGBERE & ORS

(2018) JELR 38500 (CA)

Court of Appeal  •  CA/L/406/2005  •  18 Jul 2018  •  Nigeria

Coram
TIJJANI ABUBAKAR JCA; BIOBELE ABRAHAM GEORGEWILL JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

TIJJANI ABUBAKAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Lagos State sitting in the Ikeja Judicial Division, delivered by A. F. Adeyinka J. (later C. J., Lagos State) on the 16th day of April, 2004 in Suit No: ID/452/89 which is contained at pages 238 - 255 and replicated at pages 444 - 461 of the records of appeal wherein the learned trial Judge entered judgment in favor of the Respondents and granted the reliefs as per the Writ of Summons dated 9th October, 1989 at pages 1-2 of the records of appeal and the Amended Statement of Claim dated 17th November, 1995 contained at pages 199 -203 of the records of appeal.

I need to briefly state that the Respondents as Plaintiffs commenced action against the Appellants by writ of summons as stated herein and claimed as follows:

1. A declaration that the Plaintiffs are entitled to a statutory right of Occupancy over all that piece of land situate, lying and being at Ebute Ilaje Barig…

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