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CHIEF SAMUEL OMOLE & ORS V. LAWRENCE AYO OLORUNTIMEHIN & ANOR

(2005) JELR 45123 (CA)

Court of Appeal  •  CA/IL/12/2002  •  30 Jun 2005  •  Nigeria

Coram
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA; ABOYI JOHN IKONGBEH JCA; TIJANI ABDULLAH JCA;

Judgement

MUNTAKA-COOMASSIE, J.C.A (Delivering the Leading Judgment): The Appellants were the Plaintiffs in the lower Court, who had sued the Defendants now Respondents, seeking for a declaration of title, trespass and general damages, For the sake of clarity, I reproduce the claim of the Plaintiffs before the Customary Court Ekiti East Grade 1, as follows:-

"(a) A declaration that the piece or parcel of land senate lying and being along Ajowa road Omuo Oke Ekiti East Local Government, which said Piece or parcel of land is known and called Atanlegbewa is the property of Arufe Community under and by virtue of Omuo native Law and custom and thence entitled to the Customary right of occupancy.

(b) An order nullifying the land allocation certificate or any other document howsoever relating to or connected with the said piece or parcel of land Issued to the defendants or any of them or any other person whatsoever or their agents, privies, servants or any other person purporting to derive title from …

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