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DR. OLAYIWOLA SAMUEL V. MR. ADEWALE ADEDEJI

(1997) JELR 36445 (CA)

Court of Appeal  •  CA/L/197/89  •  17 Jul 1997  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; EMMANUEL OLAYINKA AYOOLA JCA; IGNATIUS CHUKWUDI PATS-ACHOLONU JCA;

Judgement

AYOOLA, J.C.A. (Delivering the Leading Judgment): This appeal is from the decision of the High Court of Lagos State whereby the learned judge (Ilori J, as he then was) entered judgment for the plaintiff, and granted him a declaration of entitlement to the issuance of a statutory certificate of occupancy in respect of land situate, lying and being at 5A Onipede Street, Surulere, in Lagos State (hereinafter referred to as "the land"); awarded him general damages for trespass and restrained the defendant, from going on the land. The appellant and the respondent in this appeal were respectively the defendant and the plaintiff at the trial. They are now referred in this judgment as plaintiff and defendant.

The background facts are that the plaintiff bought the land from the Onitire family sometime in 1966 and obtained a deed of conveyance dated 29th April, 1966 from that family. It transpired that the Daniel family was adjudged in a series of actions culminating in a decision of the Suprem…

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