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MRS. AGATHA OYEGBESAN v. DR. OLUFEMI ADELEKE OYEGBESAN

(2014) JELR 36506 (CA)

Court of Appeal  •  CA/L/354/2012  •  10 Jul 2014  •  Nigeria

Coram
UZO I. NDUKWE-ANYANWU JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Lagos State delivered on 23rd of June, 2011. In it the learned trial Judge held as follows:-

(i) The court hereby makes a declaration that the Claimant is the sole owner of the Flat 1 Block 141 LSDPC Medium Cost Housing Estate Ogba Lagos State and that the Defendant has no subsisting interest in the property whatsoever.

(ii) It is also declared that the Claimant has an inextinguishable right to do whatsoever he desires do so with his property.

(iii) The Defendant is ordered to vacate the Property immediately to enable the Claimant an unfettered access to the Property.

(iv) A perpetual order of injunction is granted restraining the Defendant by herself, servant, agents or assigns from encumbering the Assigns of the Claimant.

The Defendant being dissatisfied with this judgment filed a notice on 11th of October, 2012. This notice was amended and filed on 21st of Fe…

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