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OGUN STATE PROPERTY AND INVESTMENT CORPORATION & 3 ORS. V. ATUNRASE PETROLEUM AND ALLIED PRODUCTS LTD.

(2002) JELR 54368 (CA)

Court of Appeal  •  CA/I/57/99  •  28 Jan 2002  •  Nigeria

Coram
DALHATU ADAMU, JCA (Presided and Read the Lead Judgment) FRANCIS FEDODE TABAI, JCA OLUFUNLOLA OYELOLA ADEKEYE, JCA

Appearances
O. Ojo, Esq. (with him, A. Adenipekun, Esq., I. O. Modupe (Miss), G -*- O. Morohunfolu, Esq.) - for Respondent. O. Agbelu, Esq. - for the Appellant.

Judgement
<p><strong> ADAMU, JCA (Delivering the Lead Judgment): </strong> This is an interlocutory appeal against the ruling of the High Court of Justice, Sagamu delivered on 9/9/98. The facts leading to the appeal are as follows:</p><p>The respondent herein (a limited liability company) sued the first appellants an Ogun State statutory corporation) and its three officers in the A above named court claiming for the following reliefs:</p><p>“(1) A declaration that the purported acquisition by the 1st defendant of land covered by survey plan No. GSC 155/OG/83 is illegal, null and void as it is claimed <em> malafide </em> .</p><p>A declaration that the plaintiff is entitled to the grant of a statutory right of occupancy in respect of a piece or parcel of land lying and being at <em> Sipe </em> family land, Makun, Sagamu and more particularly described and delineated in plan No. GCS 153/OG/83 dated 15/8/83 and drawn by Bode Adeaga, licenced Surveyor.</p><p>Twenty million Naira (20,000,000.00) being special and general damages for the acts of trespass and demolit…</p>

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