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REGISTERED TRUSTEES OF UNITED AFRICAN METHODIST CHURCH v. KENNETH ENEMUO

(2014) JELR 41614 (CA)

Court of Appeal  •  CA/L/1238/2010  •  5 Dec 2014  •  Nigeria

Coram
RITA NOSAKHARE PEMU JCA; CHINWE EUGENIA IYIZOBA JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Onigbanjo J. of the High Court of Lagos State in Suit No IKD/17/2002 delivered on the 12th day of May, 2010 declaring the Respondent the rightful owner entitled to a Statutory Right of Occupancy over the disputed land. By a Writ of Summons filed on the 19th day of February, 2002, the Respondent as Claimant sought a declaration that he was the rightful owner and entitled to statutory right of occupancy of a parcel of land situate at Aina Asoloye Street, Eleja, Ikorodu, Lagos State measuring 1006.377 square meters; perpetual injunction restraining the Appellant/Defendant from trespassing on the said Land; possession of the said parcel of Land; and the sum of N320,000.00 being special and general damages for trespass and destruction of the Claimant's concrete block fence over the Land.

The Respondent's case is that the parcel of Land in dispute formed part of a large tract of land …

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