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ALHAJI RUFAI SALAMI (FOR HIMSELF AND ON BEHALF OF OGUNMOLU ASANALASARO FAMILY OF IPERU) V. ALHAJI BURAIMOH SOKEFUN OLUSEGUN SOKEFUN YINUSA ODUJOKO SALIU OSILAJA (A.K.A. OSO ALADA)

(2003) JELR 55303 (CA)

Court of Appeal  •  CA/I/217/2000  •  21 Jul 2003  •  Nigeria

Coram
VICTOR A. OYELEYE OMAGE, JCA (Presided and dissented) FRANCIS FERODO TABAI, JCA OLUFUNLOLA OYELOLA ADEKEYE, JCA (Read the Lead Judgment)

Judgement

ADEKEYE, JCA (Delivering the Lead Judgment): The appellant who was plaintiff before the High Court of Justice Ogun State - Sagamu Judicial Division, claimed for himself and on behalf of Ogunmolu Asanalasaro family of Iperu against the respondents who were defendants as follows:- Declaration that the plaintiffs family is entitled to the right of occupancy of Ipa village and farmland having boundaries with Soyindo homestead (2) Idotun homestead (3) Iperu homestead and (4) Ilishan homestead by inheritance from one Ogunmolu alias Asanalasaro being the first settler on the said land.

Perpetual injunction to restrain the defendants jointly, severally, their agents, servants, and/or privies from committing and/or doing anything whatsoever on the said farmland.

As preliminary to the trial of the case parties filed and exchangedpleadings. The case of the appellant as plaintiff before the trial court as revealed by the twenty two paragraphs statement of claim was that his progenitor Ogunmolu ot…

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