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RAFIU SANGODARE v. TAYO OLADOKUN & ANOR

(2014) JELR 33164 (CA)

Court of Appeal  •  CA/I/137/2010  •  4 Apr 2014  •  Nigeria

Coram
SOTONYE DENTON WEST JCA; MOJEED ADEKUNLE OWOADE JCA; CORDELIA IFEOMA JOMBO-OFO JCA;

Judgement

SONTONYE DENTON WEST, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Osun State sitting at Ikire, delivered on 26th of January 2007.

The appellant as plaintiff sued the respondents as defendants at the Customary Court sitting at Ikoyi in the Isokan Local Government of Osun State for a declaration of Customary Right of Occupancy over a piece of farmland situate at Gbagbon Village, Ikoyi. He also claimed injunction, possession, special and general damages and other reliefs the court may deem fit to make in the circumstance. The customary court gave judgment for the plaintiff and the defendants being dissatisfied, appealed to the Chief Magistrate Court, Ikire which in a considered judgment delivered on 13th March, 2003, allowed the appeal against the Customary Court judgment and went further to grant title to the disputed land to the defendants/appellants therein. The plaintiff/respondent being dissatisfied with the judgment of the C…

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