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DEMOLA OMOTOSO V. M. OLALEKAN (HAJJ BEERE)

(2018) JELR 39251 (CA)

Court of Appeal  •  CA/AK/243/2013  •  12 Mar 2018  •  Nigeria

Coram
UZO IFEYINWA NDUKWE-ANYANWU JCA; MOHAMMED AMBI-USI DANJUMA JCA; RIDWAN MAIWADA ABDULLAHI JCA;

Appearances
M. M. Nworie, Esq. with him, O. B. Shotode For Appellant M. A. Laogun, Esq. For Respondent

Judgement
<p>MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Osun State sitting at the Ede Judicial Division, delivered on the 28/7/2013 by Hon. Justice A. A. G. Onibokun in Suit No. HED/06/2009.</p><p>The appellant as plaintiff came before the trial Court by a writ of summons and a statement of claim dated and filed 25/5/2009, claiming against the defendant/respondent for the following reliefs.</p><p>1. A declaration that a piece of paper (sic) of land situate, lying and being at along Awo/Army Barracks Road, Oke Gada Ede in North Local Government Area of Osun State which is delineated in survey plan No: 05/587/93/071 dated 29th October, 1993 and drawn by surveyor Akin Oyegbola was and still the land of the plaintiff and the plaintiff is therefore entitle to statutory right of occupancy over that piece or parcel of land.</p><p>2. A sum of N50, 000. 00 damages against the defendant for his act of trespass on the land.</p><p>3. Perpetual injuncti…</p>

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