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RESQUE CONSTRUCTION COMPANY LTD. & ANOR V. MRS. MARGARET ADESOLA & ORS

(2013) JELR 35357 (CA)

Court of Appeal  •  CA/EK/62/2013  •  27 Nov 2013  •  Nigeria

Coram
PAUL ADAMU GALINJE JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; FATIMA OMORO AKINBAMI JCA;

Appearances
Mr. O.O. Ayenakin, Esq. For Appellant Mr. A. O. Familoni, (DPP MOJ EKITI STATE) withMRS. O. T. Olatunbosun andMrs. Iyabo Olumide Ojo - 1st RespondentMr. O. O. Akinlabi, Esq., (L.O. MOJ EKITI STATE) - 2nd - 4th Respondents. For Respondent

Judgement

PAUL ADAMU GALINJE, J.C.A. (Delivering the Leading Judgment): The Appellants herein who were plaintiffs at the Ekiti State High Court claimed at Paragraph 24 of their statement of claim filed in the Registry of that court on the 26th of August, 2010, the following reliefs:

1. Declaration that the plaintiffs are the owner of a piece or parcel of land measuring 11,994 hectares and situate, lying and being at Fagbohun Estate, Ikere-Ado Road, Ikere Ekiti; more particularly described and delineated on survey pillars No: FOY/70A-B/76 drawn by licensed Surveyor O. A. Ojo on 20th October, 1976 and updated by licensed Surveyor I. A. Babalola of No. 59 Oba Adesida Road, Akure on survey plan No: AB/AD/88/820 dated 27th July, 1988. The beacon pillars marking the perimeter boundaries of the land are BS957, BS958, BS1011, BS1012, BS1013, BS959, BS960, BS961, and BS962 and covered by Approval of a Transaction under the Land Transfer Edict No.2 of 1976 dated 20th July 1977.

2. The sum of N50,000,000.…

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