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OLUFEMI ONABANJO v. THE SHERIFF HIGH COURT OF JUSTICE & ORS.

(2009) JELR 33628 (CA)

Court of Appeal  •  CA/I/192/2006  •  28 May 2009  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; CHIDI NWAOMA UWA JCA; MODUPE FASANMI JCA;

Judgement

CLARA BATA OGUNBIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Ibadan High Court No. 12 delivered on 8th day of January, 2004 wherein the appellant was then the plaintiff while the respondents were the defendants.

Briefly the plaintiff/appellant's claims before the trial court at paragraph 21 at pages 34 and 35 of the record of appeal were as follows:-

"1. Declaration that the purported auction of the plaintiff's house carried out in respect of the plaintiff's landed property situate lying and being at Arigbowoja village Alakia Area, Old Ife Road Ibadan Oyo State of Nigeria is null and void and of no effect.

IN THE ALTERNATIVE

2. An order setting aside the purported sale of the plaintiff's bungalow situate lying and being at Arigbowoja village, Alakia area, Old Ife Road Ibadan Oyo State of Nigeria purportedly carried on 26th January, 1993.

3. An order of perpetual injunction restraining the defendants, their agents or privies or any other …

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