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ALHAJI RASAKI ADISA OYEBANJI & ANOR V. ALHAJA KUDIRAT AKANBI

(2010) JELR 47725 (CA)

Court of Appeal  •  CA/I/168/2008  •  8 Jun 2010  •  Nigeria

Coram
STANLEY SHENKO ALAGOA JCA; CHIDI NWAOMA UWA JCA; SIDI DAUDA BAGE JCA;

Judgement

CHIDI NWAOMA UWA, J.C.A (Delivering the Leading Judgment): The Appellants were the defendants in the lower court, the then 2nd Defendant having died during the pendency of the suit. The Respondent was the plaintiff and her claim before the lower court in her Further Amended Statement of Claim (page 34 of the printed records) is as follows:-

"(1) Declaration that the plaintiff is the person entitled to the grant of Statutory Right of Occupancy over the piece or parcel of land situate, lying and being Plot 2, Chief Olosunde Oladejo Awotunde Layout, Akobo Basorun Alegongo Area, Ibadan which is particularly described and delineated on Plan No.JAA/OY/573/88 dated 27/4/88 prepared by John Aigbe, Licensed Surveyor and Plan No.RADS/OY/DS07A/94 of 1/7/94 prepared by A. A. Adeyemi Licensed Surveyor.

(2) The sum of N1,000,000.00 being special and general agents and privies on the plaintiff's land in 1992 which trespass is still continuing.

(3) An order nullifying and deleting from the register …

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