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PAN ATLANTIC SHIPPING AND TRANSPORT AGENCIES LTD. v. ABAYOMI BABATUNDE

(2007) JELR 33389 (CA)

Court of Appeal  •  CA/L/423/2003  •  18 Dec 2007  •  Nigeria

Coram
ISA AYO SALAMI JCA; PAUL ADAMU GALINJE JCA; ADZIRA GANA MSHELIA JCA;

Judgement

ISA AYO SALAMI, OFR, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of the Lagos High Court delivered by per Candide - Johnson on 17th July 2003 upholding the preliminary objection brought by respondent and dismissing the suit.

The plaintiff brought an action by way of originating summons at the High Court of Lagos State claiming the following reliefs-

"1. A Declaration that the plaintiff is the owner of the land the subject matter of this suit by virtue of its legal title by way of the possession of a registered certificate of occupancy in that regard.

2. A Declaration that the Defendant or any person(s) claiming under him has no proprietary interest in the plaintiffs land the subject matter of this suit.

3. An ORDER OF PERPETUAL INJUNCTION restraining the Defendant whether by himself, servant, agents, privies and assigns, or howsoever from trespassing on the plaintiffs land or holding himself out as owner or erecting any structure or de…

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