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BURAIMOH OYADIJI V. OSUOLALE OLANIYI & ORS

(2004) JELR 45067 (CA)

Court of Appeal  •  CA/I/295/2001  •  13 Jul 2004  •  Nigeria

Coram
SAKA ADEYEMI IBIYEYE JCA; VICTOR AIMEPOMO OYELEYE OMAGE JCA; OLUFUNLOLA OYELOLA ADEKEYE JCA;

Appearances
W. A. Idowu, Esq. For Appellant Akin Oladimeji, Esq. For Respondent

Judgement

IBIYEYE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Yussuff, J. of the Ikirun Judicial Division of the Osun State High Court of Justice, delivered on the 12th day of March, 1999.

The plaintiffs who initiated the case appealed from in a representative capacity jointly filed a statement of claim and a reply to the statement of defence. The plaintiffs in paragraph 48 of their joint statement of claim sought the following reliefs:

"48(1) Declaration that the plaintiffs are entitled to the statutory right of occupancy in respect of that piece or parcel of land situate, lying and being at Igbolamu village, Obaagun in Ifelodun Local Government Area, Osun State measuring 9,280 hectres and bounded by:

(i) Akesin family land/Babawale family land;

(ii) Timothy Babalola/Ojo/Gbadamosi Idowu family land

(iii) Funfun stream

(iv) Iragbiji community land/Salawu Oyebanji family land and more particularly described in the survey plan No. OS/0609/96/D/009 dated 17/9…

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